Legal Opinion

Kearns v. New York & College Point Ferry Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1896PublishedCited by 6 opinions

Appeal of the defendant from an affirmance by the General Term of the City Court-of a judgment in favor of the plaintiff entered upon a verdict directed by the court. The action was brought by the former president of the defendant company to recover salary under a resolution of the board of directors adopted during his term of office. The defense was a denial of knowledge or information sufficient to form a belief as to> the truth of the allegations of the complaint.

1Opinion of the CourtDaly, P. J.

The issue raised by the answer was the truth of the allegations of the complaint that the plaintiff was elected president of the defendant company; that thereafter, and on the same day, by a resolution.unanimously adopted by the company, the annual salary of the president was fixed at the sum of $2,000, to commence on the 1st day of May, 1889, and that the plaintiff,, immediately *20after his election as president, entered upon the discharge of his duties, and so continued until about October. 21, 1889. It was--proved upon the trial that the by-laws of the' company provided that the board of…

2Cases cited8 opinions

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881
  2. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  3. Crane v. . PowellNew York Court of Appeals · 1893
  4. Honegger v. . WettsteinNew York Court of Appeals · 1883
  5. Milbank v. . JonesNew York Court of Appeals · 1891

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3Cited by6 opinions

  1. Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Drake v. LauerAppellate Division of the Supreme Court of the State of New York · 1904
  3. Mitchell v. Forest City Printing Co.New York Supreme Court · 1916
  4. Conlon v. MarshNew York Supreme Court · 1916
  5. Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1900

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