Legal Opinion

In Re One of the Two Trustees of the Peekamose Fishing Club

New York Court of Appeals

Decided January 26, 1897PublishedCited by 3 opinions

Appeals from orders of the Appellate Division of the Supreme Court in the first judicial department, entered May 25 and July 31, 1896. This proceeding was brought under section 2420 of the _Code of Civil Procedure, for the voluntary dissolution of a corporation organized and existing under chapter 267, Laws of 1875. The proceeding was commenced by a petition of John Q. A. Ward, alleging that there were only two existing trustees and members of the Peekamose Fishing Club, of…

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Appeals from orders of the Appellate Division of the Supreme Court in the first judicial department, entered May 25 and July 31, 1896. This proceeding was brought under section 2420 of the _Code of Civil Procedure, for the voluntary dissolution of a corporation organized and existing under chapter 267, Laws of 1875. The proceeding was commenced by a petition of John Q. A. Ward, alleging that there were only two existing trustees and members of the Peekamose Fishing Club, of whom he was one, the other being Anthony B. Dimock, and that they were divided respecting the management of its affairs.…

1Opinion of the Court

Andrews, Ch. J.

There are four orders of the first Appellate Division presented for review on this appeal:

First. An order which dismissed an appeal taken by Wliiton and Dimock from an order of the Special Term dated Oct. 25, 1895, as resettled Yov. 6, 1895, dissolving the corporation, the dismissal proceeding on the ground that the order of dissolution was entered upon default of the appellants and that they, therefore, .had no right to appeal.

Second. An order dated May 15, 1896, which affirmed an order of the Special Term, which denied a motion made by Whiton to open his default on the motion…

2Cited by3 opinions

  1. In re a Majority of Board of Directors of Automatic Chain Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. First National Bank of Brownsville v. FleitmannAppellate Division of the Supreme Court of the State of New York · 1915
  3. In re Proving the Last Will & Testament of StapletonAppellate Division of the Supreme Court of the State of New York · 1902

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