Gamble v. Queens County Water Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to perpetually enjoin the corporation defendant from carrying out a resolution of part of its stockholders for the issuing of stocks and bonds' of the company to purchase of and pay Robert F. Mullins, one of the defendants, and the secretary and treasurer, and also a director of the corporation, for an extension of…
1Opinion of the CourtPeckham, J.
The defendant corporation was organized under the Laws of 1873 (Chap. 737), relating to the incorporation of water companies, as amended by chapter 214 of the Laws of 1881. The provisions of the General Manufacturing Act of 1848, and its amendments as to payment for capital stock, were made applicable to corporations formed under the act of 1873.
The so-called Bockaway Beach extension was not built by defendant Mullins under any contract with the defendant corporation. The plaintiff requested the court to find that he did so build it, but the court refused the request, and in the opinion…
2Cases cited4 opinions
- Van Cott v. . Van BruntNew York Court of Appeals · 1880
- Duncomb v. New York, Housatonic & Northern RailroadNew York Court of Appeals · 1881
- Courtney v. BakerNew York Court of Appeals · 1875
- Ellsworth v. St. Louis, Alton & Terre Haute RailoadNew York Court of Appeals · 1885
3Cited by148 opinions
- Keenan v. EshlemanSupreme Court of Delaware · 1938
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Kavanaugh v. . Kavanaugh Knitting Co.New York Court of Appeals · 1919
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
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