Rathbone v. Ayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James B. Bathb'one, as trustee in bankruptcy, etc., from a judgment of the Supreme Court in favor of the defendant Ayer, entered in the office of the clerk of the county of Chemung’ on the 26th day of May, 1906, upon a nonsuit directed by the court after a trial at the Chemung Trial Term.
1Opinion of the Court
Cochrane, J.:
The complaint herein has heretofore been sustained by this court on a demurrer thereto for insufficiency. (Rathbone v. Ayer, No. 1, 84 App. Div. 184.) Keeping in view the determination then made the case on this appéál becomes much simplified and much discussion may be eliminated which might otherwise be pertinent. The inquiry is now narrowed to a consideration of the question as to whether the plaintiff has made sufficient proof of the allegations of liis complaint.
■The'Elmira Steel Company was organized as a domestic corporation by a certificate of incorporation filed July 10,…
2Cases cited18 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Douglass v. . IrelandNew York Court of Appeals · 1878
- Huntington v. . AttrillNew York Court of Appeals · 1890
- Boynton v. . AndrewsNew York Court of Appeals · 1875
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3Cited by4 opinions
- Cleary v. HigleyNew York Supreme Court · 1934
- Sawyer v. EatonCourt of Appeals for the First Circuit · 1923
- Jackson v. PesciaNew York Supreme Court · 1909
- Auld v. EstridgeNew York Supreme Court · 1976