Darcy v. Brooklyn & New York Ferry Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants, as directors of the old company, had a right to transfer its property to the new corporation, at the request of H. B. Hollins & Co., who owned substantially all the stock in the old company. (2 Morawetz on Corp. [2d ed.] §§ 785, 790, 795, 799; H. & G. N. Co. v.…
1Opinion of the CourtWillard Bartlett, J.
On November 15, 1900, the plaintiff duly recovered a judgment against the Brooklyn and New York Ferry Company upon a cause of action which had accrued on the 2nd day of July, 1897. The execution upon this judgment was returned unsatisfied. The plaintiff found himself unable to enforce it because the defendant corporation, on the 22nd of August, 1898, had through its board of directors assumed to sell, assign and transfer the entire corporate property to another corporation known as the Brooklyn Ferry Company of New York for six millions of dollars. The present suit was instituted on ‘the…
2Cases cited3 opinions
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Hurd v. New York & Commercial Steam Laundry Co.New York Court of Appeals · 1901
- Stokes v. StokesAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by62 opinions
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Buttles v. SmithNew York Court of Appeals · 1939
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Laco X-Ray Systems, Inc. v. FingerhutAppellate Division of the Supreme Court of the State of New York · 1982
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