Stromeyer v. Combes
New York Court of Common Pleas
Demurrer to complaint. Action by Indiana V Stromeyer against R. Carman Combes for damages for alleged fraudulent and illegal disposition of plaintiff’s rights and interest as a stockholder in the Pennsylvania So Western Railroad Company.
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Demurrer to complaint. Action by Indiana V Stromeyer against R. Carman Combes for damages for alleged fraudulent and illegal disposition of plaintiff’s rights and interest as a stockholder in the Pennsylvania So Western Railroad Company. The Code of Civil Procedure, § 1782, provides that an action may be brought, as prescribed in the preceding section, against the trustees or other officers of a corporation, among other things to set aside an alienation of property by the trustees or officers contrary to a provision of law, or for a purpose foreign to the lawful business and objects of the…
1Opinion of the CourtLarremore, C. J.
The complaint alleges as follows: That in May, 1882, the plaintiff was, and now is, the sole owner of 400 shares of capital stock of the Pennsylvania So Western Railroad Company, of which R. Carman Combes was president; that an agreement was made May 18, 1882, by Combes in his own right and as attorney in fact for certain of the stockholders, with one S. R. Peale, which recited a previous contract of January 7, 1882, with John C. Campbell, to construct and equip 70 miles of said road, and that Campbell had assigned his interest in the contract to the Franklin Improvement Company; that the…
2Cases cited7 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Gardiner v. PollardThe Superior Court of New York City · 1863
- Allen v. New Jersey Southern RailroadNew York Supreme Court · 1875
- Smith v. RathbunNew York Supreme Court · 1873
- Penman v. . SlocumNew York Court of Appeals · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Averill v. BarberNew York Supreme Court · 1889
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- Lawson v. StanleyThe Superior Court of the City of New York and Buffalo · 1891