Legal Opinion

Witherbee v. Bowles

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

Decided January 20, 1911PublishedCited by 1 opinion

Appeal by the defendant, Lawrence Dilworth, from an interlocutory judgment of the (Supreme Courtyin favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 13th day of Hay, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.

1Opinion of the Court

Clarke, J.:

The complaint alleges that the defendant San Toy Mining Company was incorporated under the laws of Maine in December, 1901, with a total authorized capital of $2,500,000, consisting of 2,500,000 shares at $1' each; that it purchased certain valuable mining properties, mentioning them, in Mexico, and in payment duly issued substantially its entire capital stock as full paid and non-assessable, the said property so acquired being fully worth the amount of stock so paid therefor at par. That shortly thereafter the company acquired another property known as the Bustillios Mine.; that…

2Cases cited7 opinions

  1. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  2. O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
  3. Goldberg v. . UtleyNew York Court of Appeals · 1875
  4. Searles v. GebbieAppellate Division of the Supreme Court of the State of New York · 1906
  5. Searles v. . GebbieNew York Court of Appeals · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Witherbee v. BowlesAppellate Division of the Supreme Court of the State of New York · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API