Demarest v. . Flack
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the June term, 1890, which denied a motion for a new trial and directed a judgment in favor of defendants. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the June term, 1890, which denied a motion for a new trial and directed a judgment in favor of defendants. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged West Virginia corporation is fraudulent and void, and cannot be recognized by the courts of this state as a legally constituted corporation, (Bank v. Earle, 13 Peters, 558; Wright v. Bundy, 11 Ind. 398; Merriek v. Van Santford, 34 N. Y. 208 ; Hill…
1Opinion of the CourtPeckham, J.
The plaintiff alleged in her complaint that the defendants were a joint stock company doing business in Hew York city under the name and style of “ America’s Winter Carnival Company.” It was further alleged that they were the owners of the toboggan slides used at Fleetwood Park in the city of Hew York and that such slides were under their management and control. The plaintiff also alleged that she had, while riding on one of the toboggans upon one of the slides in the possession and management of the defendants, been accidently and seriously injured through the carelessness of defendants or…
2Cases cited5 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Christian Union v. YountSupreme Court of the United States · 1880
- Land Grant Railway & Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1870
- Montgomery v. ForbesMassachusetts Supreme Judicial Court · 1889
3Cited by37 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Sinnott v. . HananNew York Court of Appeals · 1915
- Duke v. TaylorSupreme Court of Florida · 1896
- Lancaster v. Amsterdam Improvement Co.New York Court of Appeals · 1894
- Matson v. Kennecott Mines Co.Washington Supreme Court · 1918
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