Bonta v. Gridley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willis T. Gridley, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 5th day of March, 1902, upon the decision of the court, rendered after a trial at the Onondaga Special Term, overruling a demurrer to the complaint.
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Appeal by the defendant, Willis T. Gridley, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 5th day of March, 1902, upon the decision of the court, rendered after a trial at the Onondaga Special Term, overruling a demurrer to the complaint. The defendants demurred to the plaintiff’s complaint herein, upon the ground that it did not state facts sufficient to constitute a cause of action, and from the judgment overruling such demurrer this appeal is brought. The complaint demands judgment for the…
1Opinion of the Court
McLennan, J.:
For the purposes of this review we must regard as established all the allegations of fact contained in the complaint. The principal reason urged by appellant for the reversal of the interlocutory judgment overruling the demurrer is that the contract is void, as being against public policy.
*38We think the contract set forth in the complaint is valid. Neither party to the contract was an officer or director of the bank. The defendants were stockholders only, presumably were interested in the welfare and success of the bank, and, so far as appears, in good faith desired to promote the…
2Cases cited6 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Barnes v. . BrownNew York Court of Appeals · 1880
- Newman v. . NellisNew York Court of Appeals · 1884
- Fennessy v. RossAppellate Division of the Supreme Court of the State of New York · 1896
- Fennessy v. RossNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Timme v. KopmeierWisconsin Supreme Court · 1916
- Murray Walter, Inc. v. Sarkisian Bros.Appellate Division of the Supreme Court of the State of New York · 1985
- Prindiville v. Johnson & HigginsNew Jersey Court of Chancery · 1921
2 more not listed; retrieve them via the Exa API.