Legal Opinion

People v. Buffalo Stone & Cement Co.

New York Court of Appeals

Decided February 9, 1892PublishedCited by 12 opinions

Appeal from judgment of the General Term of the Superior-Court of the city of Buffalo, entered upon an order made June 16, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the attorney-general on behalf of the people to annul the defendant’s charter.

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Appeal from judgment of the General Term of the Superior-Court of the city of Buffalo, entered upon an order made June 16, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the attorney-general on behalf of the people to annul the defendant’s charter. The defendant was organized as a corporation on the 18th day of August, 1885, under the General Manufacturing Act of 1848. Its capital stock was $90,000, divided into nine hundred shares of one hundred dollars each. Prior to its incorporation, the…

1Opinion of the Court

Earl, Ch. J.

Section 1798 of the Code provides that upon leave being granted as prescribed in the preceding section, the attorney-general may bring an action against a corporation created by or under the laws of the state, to procure a judgment vacating its charter, or annulling its existence, upon the grounds that it has “ (1) offended against any provision of an act by or under which it was created, altered or renewed, or an act amending the same and applicable to the corporation; or (2) violated any provision of law whereby it has forfeited its charter or become liable to be dissolved by…

2Cases cited2 opinions

  1. People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
  2. Cornell v. . RoachNew York Court of Appeals · 1886

3Cited by12 opinions

  1. State Inv. & Ins. Co. v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
  2. Murray v. American Surety Co.Court of Appeals for the Ninth Circuit · 1895
  3. Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
  4. People v. Bleecker Street & Fulton Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  5. Instalment Department, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1964

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