Hoyt v. Great American Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Great American Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of April, 1921 sustaining plaintiff’s demurrer ¿to defendant’s affirmative defense to the first cause of action set forth in the complaint.
1Opinion of the Court
Merrell, J.:
The first cause of action is to recover the sum of $8,662.50 damages claimed to have been sustained by the plaintiff from the alleged failure of the defendant to give to plaintiff or her testator a reasonable opportunity to subscribe to a proportionate amount of the increase of the capital stock of the defendant corporation.
Prior to October 24, 1918, the authorized capital stock of the defendant was $2,000,000, divided into 20,000 shares of the par value of $100 each. Plaintiff’s testator owned on said date 35 shares of said capital stock.. He was a resident of South Pasadena, in…
2Cases cited3 opinions
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
- Noble v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Hoyt v. Great American InsuranceNew York Supreme Court · 1921
3Cited by1 opinion
- Tarlow v. ArchbellAppellate Division of the Supreme Court of the State of New York · 1945