Legal Opinion

Troughton v. Grace

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

Decided June 28, 1912PublishedCited by 6 opinions

Appeal.by the defendant, William E. Grace, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of November, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’,^ demurrer to the complaint.

1Opinion of the Court

Laughlin, J.:

This is an action by a stockholder of a domestic corporation known as the Evergreens Corporation to recover a penalty of its treasurer for his neglect or refusal to comply with the provisions of section 69 of the Stock Corporation Law of the State of New York (Consol. Laws, chap. 59; Laws of 1909, chap, 61), which, as it existed on the 16th'day of June, .1910, provided as follows:

“Stockholders owning five per centum of the capital stock of any corporation other than a moneyed corporation, not exceeding one hundred thousand dollars, or three per centum where it exceeds one hundred…

2Cases cited2 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. People v. . StedekerNew York Court of Appeals · 1903

3Cited by6 opinions

  1. Daddazio v. Ontario Sand & Gravel Co.New York Supreme Court · 1940
  2. Kelly v. City of Niagara FallsNew York Supreme Court · 1928
  3. Dernell v. Steel Partitions, Inc.District Court, W.D. New York · 1952
  4. Strope v. Albany Steel & Iron Supply Co., New York County Courts1937
  5. Strope v. Albany Steel & Iron Supply Co.Appellate Division of the Supreme Court of the State of New York · 1937

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