Avon Springs Sanitarium Co. v. Weed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William. J. Weed, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the cleric of the county of Livingston on the 29th day of January, 1907, upon the. decision of the.court, rendered after a trial at the Monroe Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Williams, J.:
The interlocutory judgment should be affirmed, with costs, with leave to plead over upon payment of the costs of this appeal and of the demurrer.
The action was brought to recover the amount of a subscription for stock in the plaintiff corporation. ■
The ground of the demurrer was that the complaint"did not allege facts sufficient to constitute a cause of action.
The complaint alleged that the plaintiff was a domestic corpora*561tion, organized with a capital stock of $40,000, of which $25,000 was seven per cent preferred, of the par value of $50 per share; . that the defendant and…
2Cases cited5 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Woods Motor Vehicle Co. v. . BradyNew York Court of Appeals · 1905
- Non-electric Fibre Manufacturing Co. v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Positype Corp. of America v. MahinCourt of Appeals for the Second Circuit · 1929
- Sanders v. BarnabyAppellate Division of the Supreme Court of the State of New York · 1915
- Avon Springs Sanitarium Co. v. KelloggAppellate Division of the Supreme Court of the State of New York · 1908
- White County Guaranty S&L Ass'n v. Searcy Fed. S&L Ass'nSupreme Court of Arkansas · 1967
- Avon Springs Sanitarium Co. v. KelloggAppellate Division of the Supreme Court of the State of New York · 1907
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