Quinn v. . Whitney
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 31, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s assignor never in any way “waived” his rights under the contract in suit. (Ripley v. Æ. Ins.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 31, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s assignor never in any way “waived” his rights under the contract in suit. (Ripley v. Æ. Ins. Co., 30 N. Y. 136; Owen v. F. J. S. Ins. Co., 57 Barb. 518; People v. Manhattan Co., 9 Wend. 351; Draper v. O. C. F. R. Assn., 19…
1Opinion of the CourtWillard Bartlett, J.
In 1907 the defendants organized a corporation under the laws of the state of Maine known as the San Gregorio Mining & Railway Company, with a capital stock of $1,000,000 divided into shares of one dollar each. All of the capital stock except 500 shares appears to have been issued to the defendants in consideration of the sale and transfer by them to the corporation of an option which they owned upon certain mining property in Mexico and for a certain railway allied to such property. The defendants set aside 500,000 shares of the stock so issued to them to be sold at such price as the board…
2Cases cited1 opinion
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
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- Smith v. . CraigNew York Court of Appeals · 1914
- P. N. Gray & Co. v. CavalliotisDistrict Court, E.D. New York · 1921
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