Hudson Trust Co. v. . American Linseed Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1920, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. Defendant cannot be held upon the theory of estoppel based upon negligence.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1920, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. Defendant cannot be held upon the theory of estoppel based upon negligence. (Knox v. Eden Musee Co., 148 N. Y. 441, 460; Peoples Trust Co. v. Smith, 215 N. Y. 492; Swan v. N. B. A. Co., 2 H. & C. 181; Bigelow on Estoppel, 713-715, § 10; F. & D. Co. v. Queens Co. Trust Co., 226 N. Y. 225.) Defendant conducted its business in…
1Opinion of the CourtHogan, J.
The defendant corporation was organized in December, 1898. The authorized capital of the company was $33,500,000, equally divided between preferred and common stock. The first president and treasurer of the company held their respective positions from January 7, 1899, to .June 26, 1899, a period less than six months, when they resigned and were succeeded by newly-elected officers.
The by-laws of the company provided that certificates of stock should be signed by the president and countersigned by the treasurer, and the latter officer was to keep the accounts of the stock registered and…
2Cases cited12 opinions
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
- F.A. Bank v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
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3Cited by11 opinions
- Benenson v. National Surety Co.New York Court of Appeals · 1932
- In Re Ira Haupt & CompanyDistrict Court, S.D. New York · 1969
- President of the Manhattan Co. v. MorganNew York Court of Appeals · 1926
- Mississippi Valley Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Caledonian Insurance Co. of Edinburgh, Scotland v. National City BankAppellate Division of the Supreme Court of the State of New York · 1924
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