Buker v. Leighton Lea Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Amos M. Buker and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 18th day of September, 1896, upon the'decision of the court, rendered after a trial at-the Monroe Special Term, dismissing the plaintiffs’ complaint upon the merits, with costs.
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Appeal by the plaintiffs, Amos M. Buker and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 18th day of September, 1896, upon the'decision of the court, rendered after a trial at-the Monroe Special Term, dismissing the plaintiffs’ complaint upon the merits, with costs. The action was commenced October 25, 1895, and is an equitable action to set aside plaintiffs’ subscriptions for stock, and to recover back the moneys paid thereon as obtained through fraud, and to set aside the acts of the defendant as…
1Opinion of the Court
Ward, J.:
This is an action by shareholders: First, to get reinstated as such in the corporation, and, second, to have certain acts of the defendant declared void as against them, or at all events to allow the plaintiffs to recover what they have respectively paid on their shares to the defendant.
The present status of these plaintiffs is that of persons holding forfeited shares in the corporation and with no right or standing in it at law, but claiming equitable relief, and through it restoration to their forfeited rights.
The first question to consider, then, is whether the evidence in the…
2Cases cited1 opinion
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
3Cited by3 opinions
- Leighton v. Leighton Lea Ass'nAppellate Division of the Supreme Court of the State of New York · 1911
- Buker v. Leighton Lea Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Leighton v. Leighton Lea Ass'nNew York Supreme Court · 1909