Legal Opinion

Kassel v. Empire Tinware Co.

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

Decided May 11, 1917PublishedCited by 14 opinions

Separate appeals by the defendants, Empire Tinware Company and Samuel Breakstone and another, from two orders of the Supreme Court, made at the Kangs County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of March, 1917, denying their separate motions for judgment on the pleadings, consisting of an amended complaint and the answers thereto.

1Opinion of the Court

Blackmar, J.:

The question before the court is whether the complaint states facts sufficient to constitute a cause of action. The complaint alleged that the plaintiff’s intestate and the indi*178vidual defendants owned all the capital stock of the defendant corporation; that the amount issued was $24,000 in par value, of which each owned $8,000; that on February 17, 1912, the three parties made a formal written contract which, after reciting that they owned in equal shares all the capital stock of the company; that the amount in par value owned by each was $8,000 but that it was then worth…

2Cases cited4 opinions

  1. Bosworth v. . AllenNew York Court of Appeals · 1901
  2. Hiscock v. LacyNew York Supreme Court · 1894
  3. Groh's Sons v. GrohAppellate Division of the Supreme Court of the State of New York · 1903
  4. Logan v. New York Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by14 opinions

  1. Williams v. Green Bay & Western RailroadSupreme Court of the United States · 1946
  2. Clark v. DodgeNew York Court of Appeals · 1936
  3. Galler v. GallerIllinois Supreme Court · 1965
  4. E. K. Buck Retail Stores v. HarkertNebraska Supreme Court · 1954
  5. Farmers' Loan & Trust Co. v. PiersonNew York Supreme Court · 1927

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