Brinkerhoff v. Brown
New York Court of Chancery
THE bill stated, that on the 19th of September, 1815, ■ the defendants, Matthew Brown, jr., Thomas Mumford, Mussel Smith, Oliver Culver, John Mas tide, and Francis Brown, formed themselves into a company, for the purpose of manufacturing cotton goods; and on the 2d of October, 1835, filed their certificate, pursuant to the act of the 22d of March, 1811, by whicji they became a corporation, by the name of íC The Genesseé Manufacturing Company,” stating their capital to be…
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THE bill stated, that on the 19th of September, 1815, ■ the defendants, Matthew Brown, jr., Thomas Mumford, Mussel Smith, Oliver Culver, John Mas tide, and Francis Brown, formed themselves into a company, for the purpose of manufacturing cotton goods; and on the 2d of October, 1835, filed their certificate, pursuant to the act of the 22d of March, 1811, by whicji they became a corporation, by the name of íC The Genesseé Manufacturing Company,” stating their capital to be 40,000 dollars, divided into shares of 100 dollars each, and the number of trustees to be five, the defendants first above…
1Opinion of the Court
The Chancellor.
Several grounds for the demurrer have been assigned, some of which are put upon record, and others are assigned, ore tenus, at the bar, according to the course of the practice.
Causes of ^“"ssignetl ore terns.
I have no doubt, that the bill contains, within itself, sufficient equity to entitle the plaintiffs to relief, if the other objections can be surmounted. The charge of multifariousness is the most difficult to dispose of, and the most perplexing.
In the first place, it is objected, that the plaintiffs are not entitled to join in one suit, in respect to some of the items of…
2Cited by84 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Graves v. CorbinSupreme Court of the United States · 1890
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Mack v. . LattaNew York Court of Appeals · 1904
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