Hinckley v. Schwarzschild & Sulzberger Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Sylvester R- Hinckley, from a judgment -of the Supreme Court in favor of the defendants, entered in the office ■of the, clerk of the county" of New York on the 22d day of December, 1904, Upon the decision of the court, rendered after a trial at the . New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Hatch, J.:
It is sought by this action to restrain the defendant corporation from issuing preferred stock and subordinating its existing stock, issued at the time of its organization, to the payment of capital and ■dividends thereon. The complaint avers that the defendant corporation was organized about January 30,1893, under the Business Corporations Law,* as amended by chapter 691 of the Laws of 1892; that the plaintiff is the owner of 425 shares of its capital stock; that the certificate of incorporation provided for the issuing of common stock only, divided into 50,000 shares of the par…
2Cases cited23 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- People v. . O'BrienNew York Court of Appeals · 1888
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Close v. Glenwood CemeterySupreme Court of the United States · 1883
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
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3Cited by23 opinions
- Keller v. Wilson Co. Inc.Supreme Court of Delaware · 1936
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- Davis v. Louisville Gas & Electric Co.Court of Chancery of Delaware · 1928
- Davis v. Louisville Gas Electric Co.Court of Chancery of Delaware · 1928
- Colby v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
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