Legal Opinion

Cazeaux v. Mali

New York Supreme Court

Decided November 2, 1857PublishedCited by 23 opinions

PPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint stated, 1st. That the Parker Vein Coal Company was a corporation chartered by the laws of Maryland; that the capital stock thereof was $3,000,000, divided into shares of $100 each; that it had property to the amount of $3,000,000; that before the acts therein mentioned it had been in a prosperous condition, the stock worth par, and the market price thereof about the same, and…

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PPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint stated, 1st. That the Parker Vein Coal Company was a corporation chartered by the laws of Maryland; that the capital stock thereof was $3,000,000, divided into shares of $100 each; that it had property to the amount of $3,000,000; that before the acts therein mentioned it had been in a prosperous condition, the stock worth par, and the market price thereof about the same, and that but for the acts of the defendants, it would have continued to be of par value ; that in June, 1853, the defendants…

1Opinion of the Court

By the Court, Mitchell, J.

There are three counts in the complaint. The first count shows. that the Parker Vein Coal *582Company were authorized to issue stock to the amount of three millions of dollars, in shares of $100 each ; that the stock, at the time of the acts complained of,'was worth par in the market, or nearly so, and in its intrinsic value, and that, but for the acts of the defendants it would have continued to be so ; that Mali was president of the company, Jewett vice president, and Stacy a director and treasurer. That the plaintiff purchased 200 shares of the stock, between the 27th…

2Cited by23 opinions

  1. Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
  2. Bruff v. . MaliNew York Court of Appeals · 1867
  3. Niles v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  4. Hornblower v. CrandallMissouri Court of Appeals · 1879
  5. Gardiner v. PollardThe Superior Court of New York City · 1863

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