Legal Opinion

White v. Sheppard

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1899PublishedCited by 2 opinions

Appeal by the plaintiffs, Euphemia D. White and Jessie E. Du Bois, executrices, etc., of Abel Du Bois, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 8th day of December, 1898, upon the report of a referee dismissing the complaint upon the merits. The action was brought by Abel Dn Bois, but he having died, his executors were substituted.

1Opinion of the Court

Spring, J.:

The Rochester Realty Company, a domestic corporation, owned an apartment house called “The Centropolis,” with the furniture therein, in the city of Rochester, subject to a mortgage of $33,000. The company was in failing circumstances and suits were pending against it. On the 18tli day of January, 1896, the directors of the company held a meeting and passed the following resolutions :

“Resolved, That the president of this company be, and he is hereby authorized to sell the premises known as ‘ The Centropolis,’ together with the furniture, fixtures and other appurtenances, for the sum…

2Cases cited10 opinions

  1. Thomas v. Brownville, Fort Kearney, & Pacific RailroadSupreme Court of the United States · 1883
  2. Rogers v. . PellNew York Court of Appeals · 1898
  3. Sheldon Hat Blocking Co. v. Eickemeyer Hat Blocking MacHine Co.New York Court of Appeals · 1882
  4. Rathbun v. . SnowNew York Court of Appeals · 1890
  5. Skinner v. . SmithNew York Court of Appeals · 1892

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3Cited by2 opinions

  1. Feder v. Forest Hill Apartments, Inc.New Jersey Court of Chancery · 1927
  2. Fischer v. Motor Boat Club of AmericaAppellate Terms of the Supreme Court of New York · 1908

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