Legal Opinion

Castle v. . Lewis

New York Court of Appeals

Decided September 16, 1879PublishedCited by 19 opinions

These are appeals from judgments of the General Term of the Supreme Court, in the second judicial department, affirming judgments in favor of plaintiff, entered upon decisions of the court on trial without a jury. (Reported below, 13 Hun, 298.) The nature of the actions and the facts are set forth sufficiently in the opinions. All assignments by a corporation giving preference are void.

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These are appeals from judgments of the General Term of the Supreme Court, in the second judicial department, affirming judgments in favor of plaintiff, entered upon decisions of the court on trial without a jury. (Reported below, 13 Hun, 298.) The nature of the actions and the facts are set forth sufficiently in the opinions. All assignments by a corporation giving preference are void. (1 E. S., 603, § 4; Robinson v. B’k of Attica, 21 E. Y., 406.) A corporation can act only in the mode prescribed by the law of its creation. (F. L. and T. Co. v. Carrol, 5 Barb., 613; Laws 1860, chap. 269, §…

1Opinion of the CourtMiller, J.

The plaintiff’s right to maintain these actions is founded upon a transfer, made by the Manhattan Glove Company, a corporation organized for manufacturing purposes, of property, to secure a loan made to it by one Armstrong by a pledge of such property. It appears that prior to May, 1872, there were three trustees of the company, and that one of these resigned, leaving only two after such resignation. One of the two, who was also treasurer and general agent, had charge of the company’s property and business. The two trustees left a certain portion of their goods with Messrs Bceber & Co. to be…

2Cases cited4 opinions

  1. Parish v. . WheelerNew York Court of Appeals · 1860
  2. Thurber v. . BlanckNew York Court of Appeals · 1872
  3. Smith v. . HallNew York Court of Appeals · 1876
  4. Booth v. Farmers' & Mechanics' National BankNew York Court of Appeals · 1872

3Cited by19 opinions

  1. Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
  2. The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
  3. Ellison v. MosesSupreme Court of Alabama · 1891
  4. Welch v. Importers & Traders' National BankNew York Court of Appeals · 1890
  5. White River, Lonoke & Western Railway Co. v. Star Ranch & Land Co.Supreme Court of Arkansas · 1905

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