Legal Opinion

Lyell Avenue Lumber Co. v. Lighthouse

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1910PublishedCited by 3 opinions

Appeal by the defendants, Margaret Y. Lighthouse and others, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the-county of Monroe on the 30th day of June, 1909, upon the decision of the court rendered after a trial at the Monroe Special Term.

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Appeal by the defendants, Margaret Y. Lighthouse and others, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the-county of Monroe on the 30th day of June, 1909, upon the decision of the court rendered after a trial at the Monroe Special Term. The plaintiff, a judgment creditor of the State Hotel Company, a domestic corporation, brings the action against the stockholders of the company under the provisions of the Stock Corporatiqn Law (Gen. Laws, chap. 36 [Laws of 1892, chap. 688], §§ 54, 55, as amd. by…

1Opinion of the Court

Kruse, J.:

The principal question here is whether Lighthouse was a stockholder. I think the evidence supports the finding that he was. While he did not sign the certificate incorporating the State Hotel Company, he subscribed a preliminary subscription paper to the effect that the subscribers would organize a corporation under the *424laws of this State, to be known as the State Hotel Company, to purchase certain real estate therein named,' and thereafter conduct and carry on a hotel, the capital stock of which was to be $100,000, consisting of 1,000 shares, and the real estate to be put into the…

2Cases cited3 opinions

  1. Yonkers Gazette Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1898
  2. Ford v. ChaseAppellate Division of the Supreme Court of the State of New York · 1907
  3. Ford v. . ChaseNew York Court of Appeals · 1907

3Cited by3 opinions

  1. George Irish Paper Corp. v. WhiteNew York Supreme Court · 1915
  2. Lyell Avenue Lumber Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1912
  3. Lyell Avenue Lumber Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1912

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