Legal Opinion

Cunningham v. Glauber

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 1909PublishedCited by 15 opinions

Appeal by the' plaintiff, Michael C. Cunningham, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of -the county of Hew York on the 26th day of January, 1909, upon the decision of the court, rendered after a trial at the'Hew York Special Term, sustaining the defendants’ demurrer to the complaint and dismissing the said complaint.

1Opinion of the Court

Scott, J.:

The plaintiff appeals from a final judgment sustaining a demurrer to the complaint. The complaint alleges that the plaintiff was run over and injured by a truck belonging to the Sam S. Glauber Company, and that the accident occurred by reason of the negligence of said company or its servants; that subsequently said corporation was dissolved under the provisions of section 57 of the Stock Corporation Law; that the defendants were the directors of said corporation at its dissolution, and thereupon and thereafter became possessed of the property and assets of the corporation as…

2Cases cited2 opinions

  1. Marstaller v. . MillsNew York Court of Appeals · 1894
  2. General Railway Signal Co. v. CadeAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by15 opinions

  1. Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
  2. Security Trust Co. v. PritchardAppellate Division of the Supreme Court of the State of New York · 1922
  3. Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  4. Atlantic Dredging Co. v. BeardAppellate Division of the Supreme Court of the State of New York · 1911
  5. O'Neil v. American Radiator Co.District Court, S.D. New York · 1942

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