Georgeson v. Caffrey
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by William Georgeson against Frederick H. Ebeling,, treasurer of the Empire Mutual Union of Syracuse, for salary as manager of said union. James S. Caffrey, having been elected treasurer, was substituted as defendant. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
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Appeal from circuit court, Onondaga county. Action by William Georgeson against Frederick H. Ebeling,, treasurer of the Empire Mutual Union of Syracuse, for salary as manager of said union. James S. Caffrey, having been elected treasurer, was substituted as defendant. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals. In the notice of appeal it is stated that “the appeUant intends to bring up for review upon such appeal the order denying a motion for a new trial, errors in the judgment, and all other questions of…
1Opinion of the CourtMekwtn, J.
The appellant claims that the order substituting 'him as defendant was erroneous. ¡No appeal, however, is taken from the order itself, it is not specified in the notice of. appeal, and no motion appears to have been made by him to set it aside. He is not, therefore, in a position to review it. There is no evidence in the case that the certificate of incorporation was not filed in the office of the secretary of state. Proof of filing and recording in the county clerk’s office and of user would ordinarily be *973sufficient proof of incorporation, without proof of filing in the office of the…
2Cases cited5 opinions
- McCabe v. . GoodfellowNew York Court of Appeals · 1892
- Lafond v. . DeemsNew York Court of Appeals · 1880
- Foster v. MoultonSupreme Court of Minnesota · 1886
- Leonardsville Bank v. . WillardNew York Court of Appeals · 1862
- Merchants' National Bank v. PendletonNew York Supreme Court · 1890
3Cited by1 opinion
- Knorr v. BatesNew York Court of Common Pleas · 1895