Cawthra v. Stewart
New York Supreme Court
Demurrer by the defendant L. 0. Stewart & Co. to the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtGiegerich, J.
The action is to rescind a contract for the purchase of stock in the defendant L. C. Stewart & Co., on the ground of the misrepresentations made by the defendant Leonard 0. Stewart, to recover back the moneys paid and to strike the plaintiff’s name from the list of stockholders contained in the defendant corporation’s books. The facts alleged in the amended complaint are as follows: The defendant L. O. Stewart & Co. is a domestic corporation engaged in the business of compiling and publishing trade journals and directories, with an authorized capital stock of $10,000, divided into 100 shares…
2Cases cited5 opinions
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Cramsey v. SterlingAppellate Division of the Supreme Court of the State of New York · 1906
- McDermott v. HarrisonNew York Supreme Court · 1890
3Cited by4 opinions
- Linn & Lane Timber Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- MacNamee v. Bankers' Union for Foreign Commerce & Finance, Inc.Court of Appeals for the Second Circuit · 1928
- Community Stores, Inc. v. DeanSuperior Court of Delaware · 1940
- Bentz v. Crotona Park Realty Co.New York Supreme Court · 1913