MacArdell v. . Olcott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1905, affirming 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. All facts necessary to a reversal were established without controversy, and only "questions of law are presented.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1905, affirming 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. All facts necessary to a reversal were established without controversy, and only "questions of law are presented. The question of law whether, upon such uncontroverted facts, the decision below was right, is fully within the jurisdiction of this court. (Miller…
1Opinion of the CourtHisoook, J.
The appellants’ intestate was the minority holder of a large amount of the capital stock of the Houston and Texas Central Bailway Company which will be called the Houston Company. The respondent Southern Pacific Company, indirectly and through its control of other corporations, was the holder of a majority of the stock of said company. In substance, the appellants claim upon this appeal that the Southern Pacific Company on a foreclosure sale of the property of the Houston Company under and in accordance with a re-organization plan to which the former company was a party, acquired property, to…
2Cases cited1 opinion
- Miller v. New York & North Shore Railway Co.New York Court of Appeals · 1905
3Cited by13 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Bogert v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1917
- People v. . BreslerNew York Court of Appeals · 1916
- Lawrence v. Southern Pac. Co.U.S. Circuit Court for the District of Eastern New York · 1908
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