macQouid v. Estates
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. MacQuoid, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 9th day of September, 1910, and re-entered on the 19th day of September, 1910, upon the decision of the court, rendered after a trial at the Queens County Special Term, sustaining the defendants’ demurrer to the complaint.
1Opinion of the Court
Cabe, J.:
The plaintiff is a minority stockholder in the defendant corporation, Queens Estates. He sues, as such, to set aside a bond and mortgage on real property executed and delivered by that corporation to the defendant Winslow. His complaint is quite voluminous, but the grounds on which he seeks relief may be stated briefly. He alleges that the bond and mortgage in question were usurious, in that a considerable part of the principal sum represented an amount exacted by the defendant Winslow for a forbearance of six months on then existing obligations of the corporation then lield and…
2Cases cited5 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Southern Life Insurance and Tr. Co. v. . Packer PrenticeNew York Court of Appeals · 1858
- Isle of Wight Co. v. SmithNew York Supreme Court · 1889
3Cited by6 opinions
- Davidson Oil Country Supply Co., Inc. v. Klockner, Inc.Court of Appeals for the Fifth Circuit · 1990
- Intima-Eighteen, Inc. v. A.H. Schreiber Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Bichel Optical Laboratories, Inc. v. Marquette National BankDistrict Court, D. Minnesota · 1971
- In re Paul De Laney Co.Court of Appeals for the Second Circuit · 1928
- In re Progressive Ware Paper Corp.District Court, N.D. New York · 1915
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