Legal Opinion

Leffert v. . Jackman

New York Court of Appeals

Decided December 2, 1919PublishedCited by 16 opinions

Appeal, "by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 9, 1918, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to have a chattel mortgage, purported to be given by the Coney AutcnMaze Corporation, adjudged illegal and void and to have the same canceled of record because, it had not been, consented to by the holders of…

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Appeal, "by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 9, 1918, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to have a chattel mortgage, purported to be given by the Coney AutcnMaze Corporation, adjudged illegal and void and to have the same canceled of record because, it had not been, consented to by the holders of "not less than two-" thirds of the capital stockj)ffithe corporation as provided by sectipnffi .of the Stock ..Corporation…

1Opinion of the CourtChase, J.

Section 6 of the Stock Corporation Law (Chapter 59 of the Consolidated Laws) provides that a stock corporation shall have power to borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises or. for any other lawful purpose of its incorporation, “ and it may mortgage its property and franchises to secure the payment of such obligations, or of any debt contracted for said purposes. Every such mortgage, except purchase-money mortgages and mortgages authorized by contracts made prior to May first,…

2Cases cited13 opinions

  1. Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
  2. Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
  3. Rochester Savings Bank v. . AverellNew York Court of Appeals · 1884
  4. Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
  5. Vail v. . HamiltonNew York Court of Appeals · 1881

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Elias v. ClarkeCourt of Appeals for the Second Circuit · 1944
  2. In Re James, Inc.Court of Appeals for the Second Circuit · 1929
  3. Willcox v. GoessCourt of Appeals for the Second Circuit · 1937
  4. Gamaldi v. ColonCourt of Appeals for the Second Circuit · 1935
  5. Mercantile Commercial Bank v. Southwestern Indiana Coal Corp.Indiana Court of Appeals · 1929

11 more not listed; retrieve them via the Exa API.

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