Griggs v. . Day
New York Court of Appeals
Cboss-appeals from judgment of tlie General Term of the Superior Court of the city of Hew York, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. To the extent of their invalidity as obligations of the company, the certificates of indebtedness can afford no basis for a charge against defendants.
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Cboss-appeals from judgment of tlie General Term of the Superior Court of the city of Hew York, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. To the extent of their invalidity as obligations of the company, the certificates of indebtedness can afford no basis for a charge against defendants. (Booth v. Powers, 56 N. Y. 27; Quinn v. Lloyd, 41 id. 352.) If the plaintiff, after the entries came to his knowledge, had not rejected,…
1Opinion of the Court
Earl, Ch. J.
This action was brought against Cornelius K. Garrison, since deceased, for an accounting. It was referred to a referee and he ordered judgment in favor of the plaintiff for upwards of $188,000. The record is very voluminous, and in the briefs submitted and the arguments of counsel many questions of law and fact were presented for our consideration. A careful study of the record has satisfied me that the judgment appealed from is both illegal and unjust.
In September, 1879, the plaintiff entered into a contract with the Wheeling and Lake Erie Railroad Company, an Ohio corporation,…
2Cases cited4 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Garlick v. JamesNew York Supreme Court · 1815
- Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
- Hawks v. HinchcliffNew York Supreme Court · 1854
3Cited by45 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Wasserstrom v. Interstate Litho Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Griggs v. . DayNew York Court of Appeals · 1899
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
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