Stevenson v. Cowan
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Delaware County. Action by Henry M. Stevenson against William H. Cowan and others. From a judgment for defendants, dismissing the complaint, plaintiff appeals. The Cattaraugus Water Company was organized in 1890, pursuant to the provisions of chapter 737, p. 1100, of the Laws of 1873. On September 1, 1890, said company issued its bonds, aggregating $18,000, secured by a mortgage on all its property and franchises.
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Appeal from Trial Term, Delaware County. Action by Henry M. Stevenson against William H. Cowan and others. From a judgment for defendants, dismissing the complaint, plaintiff appeals. The Cattaraugus Water Company was organized in 1890, pursuant to the provisions of chapter 737, p. 1100, of the Laws of 1873. On September 1, 1890, said company issued its bonds, aggregating $18,000, secured by a mortgage on all its property and franchises. Subsequently the plaintiff became the owner of $1,000 of said bonds. Said company paid the interest on said bonds each year thereafter to and including the…
1Opinion of the CourtChase, J.
The trial court found “that in the year 1894 the Cattaraugus Water Company abandoned its organization and business, and went out of business,” and, upon such finding of fact, dismissed the plaintiff’s complaint. From the meager record, it appears that the company continued in the business for which it was incorporated until 1894, when the village of Cattaraugus erected a plant in opposition to that of said company. From some time in the latter part of 1894 the company had no receipts, and it did no business thereafter. Subsequently an action was brought by the company against the village of…
2Cases cited1 opinion
- Horrocks Desk Co. v. FangelAppellate Division of the Supreme Court of the State of New York · 1902