Cox v. . Paul
New York Court of Appeals
Appeals from judgments of the Appellate Division of the Supreme Court in the second judicial department, entered December 4, 1901, modifying and affirming as modified judgments in favor of plaintiff entered upon the report of a referee. The nature of the actions and the facts, so far as material, are stated in the opinion. The statute does not by any fair and equitable construction authorize the recovery of cumulative penalties.
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Appeals from judgments of the Appellate Division of the Supreme Court in the second judicial department, entered December 4, 1901, modifying and affirming as modified judgments in favor of plaintiff entered upon the report of a referee. The nature of the actions and the facts, so far as material, are stated in the opinion. The statute does not by any fair and equitable construction authorize the recovery of cumulative penalties. (Sturgis v. Spofford, 45 N. Y. 446; Providence Co. v. Hubbard, 101 U. S. 188; Chase v. Curtis, 113 U. S. 452; Loveland v. Garner, 71 Cal. 541; Fisher v. N. Y. C. R.…
1Opinion of the CourtO’Brien, J.
The plaintiff was a stockholder in a foreign corporation and brought three separate actions- against the officers of the company and the corporation itself to recover penalties under section fifty-three of the Stock Corporation Law, for the refusal of the president and secretary of the company to exhibit to him, at his request, the stock book.' The statute imposes a penalty of $250 upon each officer who refuses to exhibit the stock book and also a like penalty on the corporation. One of the actions was against Paul, the secretary, another was against Todd, the president, and the third was…
2Cases cited3 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Fisher v. New York Central & Hudson River RailroadNew York Court of Appeals · 1871
- Jones v. Rochester Gas & Electric Co.New York Court of Appeals · 1901
3Cited by10 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- State v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Gordon v. HochbergAppellate Terms of the Supreme Court of New York · 1944
- Griffin v. . Interurban Street Railway CompanyNew York Court of Appeals · 1905
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