Legal Opinion

The Buffalo and Allegany Railroad Company v. . Cary

New York Court of Appeals

Decided December 5, 1862PublishedCited by 44 opinions

1Opinion of the Court

Their reasons were not put in writing. Those of the court below were delivered by MASTEN, J., as follows:

The defendant contends that the plaintiff's organization is defective, because the affidavit annexed to the articles of association does not contain the allegation required by the statute, "that it is intended in good faith to construct or to maintain and operate the road mentioned in the articles of association," and that it is not therefore a corporation. The articles of association are in due form, and the affidavit annexed to them, while it does not come up to the requirement of the…

2Cases cited2 opinions

  1. Eaton v. . AspinwallNew York Court of Appeals · 1859
  2. First Baptist Society v. RapaleeNew York Supreme Court · 1837

3Cited by44 opinions

  1. Chubb v. UptonSupreme Court of the United States · 1877
  2. Board of Commissioners v. HallIndiana Supreme Court · 1880
  3. Kiamesha Development Corp. v. Guild Properties, Inc.New York Court of Appeals · 1958
  4. Aspinwall v. . SacchiNew York Court of Appeals · 1874
  5. In re KaminskyAppellate Division of the Supreme Court of the State of New York · 1937

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