Wormser v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isidor Wormser, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of July, 1903, upon the decision of the court rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint upon the minutes.
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Appeal by the plaintiff, Isidor Wormser, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of July, 1903, upon the decision of the court rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint upon the minutes. The plaintiff, a stockholder of the Metropolitan Street Railway Company, sought to set aside, or to prevent the delivery of a lease dated February 14,1902, executed by the Metropolitan Street Railway Company, as lessor, and the Interurban Street Railway…
1Opinion of the Court
Patterson, J.:
The plaintiff appeals from a judgment dismissing the complaint on the merits. He brought the action as a stockholder of the Metropolitan Street Railway Company, suing for himself and on behalf of all stockholders of that company, to set aside or to prevent the delivery of a lease executed by it to the Interurban Street Railway Company, under the claimed authority of section 78 of the Railroad Law of the State of New York (Laws of 1890, chap. 565, as amd. by Laws of 1893, chap. 433). In addition to that relief, he *32prayed that the defendants be restrained from carrying into effect…
2Cases cited4 opinions
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Lyon v. BrooksNew York Court of Chancery · 1833
- Mann v. City of UticaNew York Supreme Court · 1872
3Cited by4 opinions
- Attorney-General v. Interborough-Metropolitan Co.Appellate Division of the Supreme Court of the State of New York · 1908
- North Chicago St. R. v. Chicago Union Traction Co.U.S. Circuit Court for the Northern District of Illnois · 1906
- Townsend v. Chicago Union Traction Co.Illinois Circuit Court · 1905
- Westchester Fire Insurance v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1916