Burr v. Wilcox
The Superior Court of New York City
These actions come before the Court on questions of law arising at the trial, and there directed to be heard at the General Term, in the first instance. The suit of Burr v. Wilcox was commenced on the 23d of June, 1858, and was tried on the 25th of June, 1859, before Mr. Justice Pierrepont and a jury.
Read the full summary
These actions come before the Court on questions of law arising at the trial, and there directed to be heard at the General Term, in the first instance. The suit of Burr v. Wilcox was commenced on the 23d of June, 1858, and was tried on the 25th of June, 1859, before Mr. Justice Pierrepont and a jury. It was originally commenced against Elisha C. Wilcox, to recover of him as a stockholder in the Hudson River Stone Dressing Company, $1,000, and interest from June 23d, 1858. He denied, in his answer, that he ever was such a stockholder. He having died pending the action, the action, by order…
1Opinion of the CourtRobertson, J.
If some of the positions taken by the defendant’s counsel be correct, it is possible for a Company, created under the General Incorporating Law, (2 R. S., 5th ed., p. 657,) to have all its capital stock paid in and the certificate filed under section 34, (11), and go on and transact all its business, without having a single stockholder within the meaning of that word as contended for. Moreover, it is further contended, that there may be persons having a right to all the earnings of the Company, as stockowners, but who are not stockholders, because their names are not entered on the transfer…
2Cases cited4 opinions
- Stebbins v. Phenix Fire InsuranceNew York Court of Chancery · 1831
- United Society v. President of Eagle Bank of New-HavenSupreme Court of Connecticut · 1829
- Tracy v. YatesNew York Supreme Court · 1854
- Worrall v. JudsonNew York Supreme Court · 1849