W. H. McElwain Co. v. Primavera
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. H. McElwain Company, from a judgment of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of April, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District.
1Opinion of the Court
Clarke, P. J.:
The facts are stated in the opinion of my brother Scott, but he does not, I think, give due effect to the statute (Stock Corp. Law [Consol. Laws, chap. 59; Laws of 1909, chap. 61], § 15) providing for the merger of corporations, which provides: “ * * * Thereupon it shall acquire and become, and be possessed of all the estate, property, rights, privileges and franchises of such other corporation, and they shall vest in and be held and enjoyed by it as fully and entirely and without change or diminution as the same were before held and enjoyed by such other corporation, and be…
2Cases cited5 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- People v. . BackusNew York Court of Appeals · 1889
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Bank of Long Island v. YoungAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by21 opinions
- Gabhart v. GabhartIndiana Supreme Court · 1977
- Platt Corp. v. PlattAppellate Division of the Supreme Court of the State of New York · 1964
- Estate of BarnettCalifornia Court of Appeal · 1929
- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
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