Polhemus v. Polhemus
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by Elsa C. Polhemus against Horace G. Polhemus and others. From a judgment in favor of plaintiff, defendants appeal. This action was brought by plaintiff as one of the stockholders of the John Polhemus Printing Company, a corporation organized under the laws of the state of New Jersey and doing business in New York.
Read the full summary
Appeal from Special Term, Kings County. Action by Elsa C. Polhemus against Horace G. Polhemus and others. From a judgment in favor of plaintiff, defendants appeal. This action was brought by plaintiff as one of the stockholders of the John Polhemus Printing Company, a corporation organized under the laws of the state of New Jersey and doing business in New York. Plaintiff is the widow of Charles T. Polhemus, a brother of the defendant, who died October 10, 1900, leaving plaintiff 469% shares of the stock of the company, which she held at the time the action was brought. The defendants on…
1Per curiam
We are of the opinion that under the authority of Flynn v. Brooklyn City Railway Co., 9 App. Div. 269, 41 N. Y. Supp. 566, affirmed 158 N. Y. 493, 53 N. E. 520; Fitchett v. Murphy, 46 App. Div. 181, 61 N. Y. Supp. 182, and Greaves v. Gouge, 69 N. Y. 154, this action was prematurely brought. There is no allegation in the complaint, and no proof was made upon the trial, that the plaintiff applied to the corporation to commence the action, or that it had refused to prosecute or unreasonably delayed the commencement of the action. The judgment must therefore be reversed, and the complaint…
2Cases cited5 opinions
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Greaves v. . GougeNew York Court of Appeals · 1877
- Fitchett v. MurphyAppellate Division of the Supreme Court of the State of New York · 1899
- Flynn v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Fitchett v. MurphyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906