Cuykendall v. Douglas
New York Supreme Court
Motion for a new trial on a case and exceptions ordered to be heard in,the first instance at the General Term, after a.verdict in favor of the plaintiff directed at the circuit. This action was tried at a circuit court in Cayugá county, and a verdict ordered for the plaintiff for $1,849. The defendant asked the court to direct a verdict in his favor on several grounds. The court refused and the defendant excepted.
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Motion for a new trial on a case and exceptions ordered to be heard in,the first instance at the General Term, after a.verdict in favor of the plaintiff directed at the circuit. This action was tried at a circuit court in Cayugá county, and a verdict ordered for the plaintiff for $1,849. The defendant asked the court to direct a verdict in his favor on several grounds. The court refused and the defendant excepted. The action was brought to -recover of the defendant, as a stockholder in the Dodge and Stevenson Manufacturing Corporation, of which the plaintiff was appointed receiver. The…
1Opinion of the Court
Hardin, J. :
The learned counsel for the defendant insists “ that the verdict should not have been for more than seventy-five per centum of $1,500 and interest.”
In October, 1867, a vote was taken at a stockholders meeting upon the resolutions for increasing the capital stock,from $250,000 to $500,000. The certificate filed with the clerk shows that more than two-thirds of the whole number of shares of the capital stock voted in favor of the resolution.
There was no proof given to the contrary upon the trial. The 20th section of the act of 1848 (chap. 40), relating to the formation of…
2Cases cited8 opinions
- Shellington v. . HowlandNew York Court of Appeals · 1873
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Story v. . FurmanNew York Court of Appeals · 1862
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