The Rider Life Raft Co. v. . Roach
New York Court of Appeals
Appeal from, order of the General Term of the Superior Court of the city of New York, made April 3, 1882, which reversed, as to defendant Boaeh, a judgment in favor of plaintiff, entered upon the report of a referee. The order of reversal did not state that it was upon the facts.
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Appeal from, order of the General Term of the Superior Court of the city of New York, made April 3, 1882, which reversed, as to defendant Boaeh, a judgment in favor of plaintiff, entered upon the report of a referee. The order of reversal did not state that it was upon the facts. This action was brought for an accounting and to recover the profits alleged to have accrued on sale of certain life rafts made under a contract, the substance of which, as well as of the material facts, are stated in the opinion. The plea of ultra vires is not available to an individual in an action brought against…
1Opinion of the CourtMiller, J.
The contract upon which the plaintiff’s cause
of action is based was entered into between the defendants as parties of the "first part, and all the stockholders of the Rider Life Raft Company, and the company itself as parties of the second part, and it was thereby agreed, in substance, that the parties of the second part were to give the parties of the first part three-eighths of the capital stock of said company; that two of the trustees were to resign and the defendants to take their places; that the defendants were to promote the general interests of the company, to furnish means necessary…
2Cases cited5 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Candee v. . SmithNew York Court of Appeals · 1883
- Castle v. . LewisNew York Court of Appeals · 1879
3Cited by48 opinions
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Eastern Building and Loan Assn. v. WilliamsonSupreme Court of the United States · 1903
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Holmes & Griggs Manufacturing Co. v. Holmes & Wessell Metal Co.New York Court of Appeals · 1891
- Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898
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