International Bank of St. Louis v. Faber
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. This is a writ of error from a judgment of the circuit court for the Eastern district of Now York. The action was tried and the facts were specially found by the court, a jury having been waived by written stipulation signed by the attorneys for the respective paities.
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In Error to the Circuit Court of the United States for the Eastern District of New York. This is a writ of error from a judgment of the circuit court for the Eastern district of Now York. The action was tried and the facts were specially found by the court, a jury having been waived by written stipulation signed by the attorneys for the respective paities. The F. J. Kaldenberg Company, a corporation organized under the laws of the state of New York, and located in the county of Westchester, made five notes in December, 181)2, and in January, 1893, amounting in all to $9,500, and eacli one of…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts). The plaintiff bases the allegation that the company did not make the report required by the statute upon three alleged defects:
1. Because the verification of the paper was not signed by the president. It is not denied that he took the oath, and that the magistrate certified to that fact, but it is said that he should have signed an oath. This criticism is frivolous. Millius v. Shafer, 3 Denio, 60; Jackson v. Virgil, 3 Johns. 540; Bonnell v. Griswold, 80 N. Y. 128.
2. Because the report was not signed by six directors. The company originally had 11 directors, but in…
2Cases cited14 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Chase v. CurtisSupreme Court of the United States · 1885
- Olmsted v. . DennisNew York Court of Appeals · 1879
- Bonnell v. . GriswoldNew York Court of Appeals · 1880
- Bruce v. . PlattNew York Court of Appeals · 1880
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3Cited by2 opinions
- In re Tidewater Coal ExchangeCourt of Appeals for the Second Circuit · 1922
- Inventions Corp. v. HobbsCourt of Appeals for the Second Circuit · 1917