Legal Opinion · Dissent

Shayne v. Evening Post Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1900Published

Appeal from special term, New York comity. Action by Christopher C. Shayne against the Evening Post Publishing Company. From an order reviving and continuing the action against the trustees of the defendant on its dissolution, they appeal.

1Dissent

HATCH, J. (dissenting).

This is a civil action, brought to recover damages for an alleged libel against the plaintiff. The defendant was incorporated under chapter 40 of the Laws of 1848, as amended by chapter 262 of the Laws of 1857. The term of its corporate life under its charter expired on the 1st day of January, 1900, after the action was commenced, and before the same was tried. It is now claimed that such cause of action has abated, and that it did not survive the expiration of defendant’s charter, and that there did not exist on such date any statutory provision which continued…

2Cases cited7 opinions

  1. Matter of Estate of PrimeNew York Court of Appeals · 1893
  2. People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
  3. Carpenter v. . BlakeNew York Court of Appeals · 1878
  4. Marstaller v. . MillsNew York Court of Appeals · 1894
  5. Hepworth v. Union Ferry Co.New York Supreme Court · 1891

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