Brundage v. Brundage
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon a decision of the court at Special Term. (Reported below, 1 H. Y.'S. C. [T. & C.], 82.) This action was brought by the executors to obtain a judicial construction of the will of Hathan Brundage, late of the town of Hopewell, Ontario county, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon a decision of the court at Special Term. (Reported below, 1 H. Y.'S. C. [T. & C.], 82.) This action was brought by the executors to obtain a judicial construction of the will of Hathan Brundage, late of the town of Hopewell, Ontario county, deceased. By the’ first clause of his will the testator bequeathed toll is wife, the defendant Eliza Brundage^ among other things, “ twent_y shares of Hew York Central Railroad stock of $100 each,” for her sole use and benefit…
1Opinion of the CourtFolger, J.
The appellants raise the question whether the Hew York Central Railroad Company, or the directors of it, had authority or power to make a stock dividend, which should increase the dividends for the year beyond ten per centum of the capital stock, or which should operate to reduce the capital stock. (1 R. S., p. 601, § 2.) In Currie v. White (45 N. Y., 822), we declined to pass upon a similar question, because we could, without that, decide all that was necessarily involved in that case. It is the same here. Whatever the character and effect of the instruments or certificates issued by the…
2Cases cited1 opinion
- Currie v. . WhiteNew York Court of Appeals · 1871
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- Rathbone v. . WirthNew York Court of Appeals · 1896
- State v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1914
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