Denike v. New York & Rosendale Lime & Cement Co.
New York Court of Appeals
Appeal,from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and. the facts appear sufficiently in the opinion. If the facts proved show a surrender in fact, a dissolution must be decreed. (Slee v. Bloom, 19 John.
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Appeal,from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and. the facts appear sufficiently in the opinion. If the facts proved show a surrender in fact, a dissolution must be decreed. (Slee v. Bloom, 19 John. R., 474; Potter on Corp., § 686; Angell & Ames on Corp., §§ 772, 773, 777, 778; Brandt v. Benedict, 19 N. Y., 93; Canal Co. v. R. R. Co., 4 Gill. & Johnson [Md.], 1, 5, 122; Briggs v. Penniman, 8 Cow., 387; Bank of Poughkeepsie v. Ibbotson,…
1Opinion of the CourtEarl, J.
The complaint in this action alleges that the New York and Rosendale Lime and Cement Company was a corporation organized in February, 1873, under the general manufacturing law of 1848 and the acts amendatory thereof.; that the plaintiffs were stockholders in the company; that the company owned for the purpose of its business, in Ulster county, valuable lands, buildings and machinery ; that in January, 1874, the company executed to the defendant Harney, who was then a trustee of the company, a bond, and, as collateral thereto, a mortgage upon its land and property for $20,000 ; that a large…
2Cases cited7 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Ferry v. Bank of Central New-YorkNew York Supreme Court · 1858
- Galwey v. United States Steam Sugar Refining Co.New York Supreme Court · 1861
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3Cited by29 opinions
- Brock v. . PoorNew York Court of Appeals · 1915
- McDougall v. Huntingdon & Broad Top R. & C. Co.Supreme Court of Pennsylvania · 1928
- Wheeler v. Pullman Iron & Steel Co.Illinois Supreme Court · 1892
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- Hitch v. . HawleyNew York Court of Appeals · 1892
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