Legal Opinion

Matter of Bickerton v. . N.Y. Theatre Co.

New York Court of Appeals

Decided October 11, 1921PublishedCited by 17 opinions

Appeal, by permission, but without certification of questions, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which unanimously dismissed an appeal from an order of Special Term denying a motion to set aside or modify the report of appraisers appointed under section 17 of the Stock Corporation Law to appraise the value of certain shares of the capital stock of the appellant herein, held by the…

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Appeal, by permission, but without certification of questions, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1921, which unanimously dismissed an appeal from an order of Special Term denying a motion to set aside or modify the report of appraisers appointed under section 17 of the Stock Corporation Law to appraise the value of certain shares of the capital stock of the appellant herein, held by the respondents. The order of the Appellate Division dismissing the appeal is appealable to the Court of Appeals. (Matter of City of…

1Opinion of the Court

Hiscock, Ch. J.

Section 16 of the Stock Corporation Law (Cons. Laws, ch. 59) provides, in substance, that a stock corporation, except a railroad corporation, with the consent of two-thirds of its stock may sell and convey its property or any part thereof to a domestic corporation engaged in a business of the same general character. Section 17 of said law provides: “If any stockholder not voting in favor of such proposed sale or conveyance shall at such meeting, or within twenty days thereafter, object to such sale, and demand payment for his stock, he may, within sixty days after such meeting,…

2Cases cited3 opinions

  1. In re SeaichAppellate Division of the Supreme Court of the State of New York · 1915
  2. Matter of SeaichNew York Court of Appeals · 1916
  3. People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920

3Cited by17 opinions

  1. Matter of ErlangerNew York Court of Appeals · 1923
  2. Matter of BakerNew York Court of Appeals · 1940
  3. Martignette v. Sagamore Manufacturing Co.Massachusetts Supreme Judicial Court · 1959
  4. In re O'HaraNew York Supreme Court · 1928
  5. People v. CubiottiRochester City Court · 1956

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