Legal Opinion

Waters v. Horace Waters & Co.

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

Decided March 5, 1909PublishedCited by 2 opinions

Appeal by the defendants, Horace Waters & Company, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of .New York on the 4th day of November, 1907, upon the decision of the . court, rendered after a trial at the New York Special Term, adjudging the issuance of certain shares of stock of the defendant Horace Waters & Company to be illegal, and decreeing that they be delivered to the corporation for…

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Appeal by the defendants, Horace Waters & Company, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of .New York on the 4th day of November, 1907, upon the decision of the . court, rendered after a trial at the New York Special Term, adjudging the issuance of certain shares of stock of the defendant Horace Waters & Company to be illegal, and decreeing that they be delivered to the corporation for cancellation and that the same be forthwith canceled. '

1Opinion of the Court

Clarke, J.:

Prior to the month of July, 1886, Horace Waters, now deceased, William H. Alfring, now deceased, and the defendants Samuel T. White and Timothy Leeds Waters were copartners engaged in a mercantile and manufacturing business in the city of Hew York, under the name and style of “ Horace Waters & Company.” They, entered into a written agreement under their hands and seals dated July 15, 1886, by which they agreed to form a corporation by the name of Horace Waters & Company, with a capital stock of $150,000.

Pursuant to the agreement the defendant Horace Waters & Company was duly…

2Cases cited1 opinion

  1. Stokes v. . Continental Trust Co.New York Court of Appeals · 1906

3Cited by2 opinions

  1. Waters v. Horace Waters & Co.New York Court of Appeals · 1911
  2. Archer v. HesseAppellate Division of the Supreme Court of the State of New York · 1914

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