Legal Opinion

Murray v. . Smith

New York Court of Appeals

Decided June 4, 1918PublishedCited by 5 opinions

Cross-appeals from a judgment. of the Appellate Division of the Supreme Court in the second judicial department, entered December 11, 1915, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. ' The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Crane,- J.

Besson & Co. was a corporation created in March, 1897, to carry on a coal and lumber business at Dobbs Ferry, N. Y. The capital stock was $25,000, consisting of 250 shares of the par value- of $100 a share, of which Millard F. Smith owned 205 shares, James Murray, the plaintiff, 40 shares, and John G. Disosway, 5 shares. The three stockholders were also the directors and officers of the company, Smith being the president, Disosway the secretary and treasurer, and Murray the vice-president and manager.

The corporation was organized to take over the business of Besson & Co., a…

2Cases cited1 opinion

  1. Levy v. . Louvre Realty Co.New York Court of Appeals · 1917

3Cited by5 opinions

  1. Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
  2. Chance v. Guaranty Trust Co.New York Supreme Court · 1937
  3. Loughman v. PitzDistrict Court, E.D. New York · 1941
  4. American Broadcasting-Paramount Theatres, Inc. v. FryeNew York Court of Appeals · 1960
  5. People's Trust Co. v. O'MearaAppellate Division of the Supreme Court of the State of New York · 1922

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