Legal Opinion

Hartley v. . Pioneer Iron Works

New York Court of Appeals

Decided February 21, 1905PublishedCited by 20 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in opinion. There is no evidence to support the decision of the question of fact. (State v. Smith, 48 Vt. 266 ; Williams v. S. Mfg. Co., 3 Md.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in opinion. There is no evidence to support the decision of the question of fact. (State v. Smith, 48 Vt. 266 ; Williams v. S. Mfg. Co., 3 Md. Ch. 481; City Bank v. Bruce, 17 N. Y. 507; C., etc., Bank v. Fox, 3 Blatchf. 431; A. R. F. Co. v. Haven, 101 Mass., 398;…

1Opinion of the CourtBartlett, J.

This is an action to recover a dividend of $132.00 per share paid by the defendant company in December, 1898, on all its shares of stock except seventy. The plaintiff owned twenty of these seventy shares when the dividend was paid and claims that he was unlawfully prevented from participating therein.

The shares of the defendant company numbered four hundred and eighty, and just prior to October 22nd, 1896, were owned and held as follows: Alexander Bass, 122 shares; William L. Bass, 101 shares; Mrs. William L. Bass, 51 shares; Samuel II. Milliken, 92 shares; James Hartley (the plaintiff), 39…

2Cases cited2 opinions

  1. Rorke v. . ThomasNew York Court of Appeals · 1874
  2. McKusick v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1892

3Cited by20 opinions

  1. Kohn v. KohnCalifornia Court of Appeal · 1950
  2. San Antonio Hardware Co. v. SangerCourt of Appeals of Texas · 1912
  3. Spencer v. LoweCourt of Appeals for the Eighth Circuit · 1912
  4. Barnes v. Spencer & Barnes Co.Michigan Supreme Court · 1910
  5. In re Wilson's EstateOregon Supreme Court · 1917

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