Whittlesey v. . Frantz
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial, where exceptions were ordered to be heard at first instance at General Term. The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial, where exceptions were ordered to be heard at first instance at General Term. The nature of the action and the facts appear sufficiently in the opinion. Plaintiff’s appointment appearing by the record its regularity cannot be questioned collaterally, or otherwise, than in a direct proceeding for that purpose. (Sagory v. Dubois, 3 Sandf. Ch., 485, 486;…
1Opinion of the CourtAndrews, J.
This action was brought to recover from the original defendant, Frantz, on his subscription to the capital stock of “ The Excelsior Hay Carrier Company, of Rochester, R. Y.,” a manufacturing corporation, organized under the act of 1848. The defendant, after the organization of the company, subscribed for twenty shares of its stock, of the par value of $100 each, and no part of the subscription has been paid. On the 12th of February, 1874, Raymond and Huntington commenced an action against “ The Excelsior Hay Carrier Company ” upon a note purporting to be made by that company and the summons…
2Cases cited1 opinion
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
3Cited by14 opinions
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- Texas Printing & Lithographing Co. v. SmithCourt of Appeals of Texas · 1889
- Yarbrough v. PughWashington Supreme Court · 1911
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