Atkins v. Trowbridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James A. Trowbridge and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of ¡New York on the 17th day of May, 1912, upon the general verdict'of a jury rendered by direction of the court, the court having first submitted certain questions to the jury and taken their special verdict thereon, and also an appeal from an order entered in said clerk’s office on the 16th day of May,…
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Appeal by the defendants, James A. Trowbridge and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of ¡New York on the 17th day of May, 1912, upon the general verdict'of a jury rendered by direction of the court, the court having first submitted certain questions to the jury and taken their special verdict thereon, and also an appeal from an order entered in said clerk’s office on the 16th day of May, 1912, denying the defendants’ motion for a new trial made upon the minutes, and also an appeal from an order entered in…
1Opinion of the Court
Scott, J.:
This action arises out of an unsuccessful attempt in the year 1891 and subsequent years to reorganize the Indianapolis, Decatur and Western Railway Company. The plaintiffs represent directly certain holders of the securities of that railroad, and undertake to sue, as stated in their complaint, “ on behalf of themselves and all others similarly situated who shall come in and be made parties hereto and contribute to the expenses of the action. ” Up to the time of the entry of the judgment from which this appeal is taken no one “similarly situated” had come in and applied to be made a…
2Cases cited8 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Flanagan v. FoxNew York Court of Common Pleas · 1893
- Flanagan v. . FoxNew York Court of Appeals · 1895
- MacArdell v. OlcottAppellate Division of the Supreme Court of the State of New York · 1901
- Eastman v. . HorneNew York Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Indoe v. DwyerNew Jersey Superior Court Appellate Division · 1980
- Nunnelly v. First Federal Bldg. Loan Ass'n of OgdenUtah Supreme Court · 1944
- Wolkoff v. Church of St. RitaNew York Supreme Court · 1986
- Cherry v. HowellDistrict Court, E.D. New York · 1931
- Hendry v. Title Guarantee & Trust Co.New York Supreme Court · 1937
7 more not listed; retrieve them via the Exa API.