McFarlan v. Triton Insurance
New York Supreme Court
. Error to New-York superior court. The Triton Insurance Company sued McFarlan in the court below, and declared on a bond executed by the defendant to the plaintiffs on the 9th of November, 1838, in the penal sum of §7000, conditioned to pay §3500 in one year, with interest at six per cent, payable semi-annually on the first days of January and July.
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. Error to New-York superior court. The Triton Insurance Company sued McFarlan in the court below, and declared on a bond executed by the defendant to the plaintiffs on the 9th of November, 1838, in the penal sum of §7000, conditioned to pay §3500 in one year, with interest at six per cent, payable semi-annually on the first days of January and July. The defendant pleaded, 1. Non est factum; 2. Nul tiel corporation ; and 3. That the plaintiffs bring this action pretending and claiming to be a corporation aggregate by virtue of the act to incorporate the company, passed April 4, 1838, to' be…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Before examining the pleadings, it may be well to notice the facts of the case as they appeared on the trial, and the legal consequences resulting from those facts. We shall then be better prepared to appreciate the merits of the pleadings.
By the act incorporating the company, all such persons as should thereafter be stockholders were declared to be a body corporate. The capital stock was to be $250,000, divided into shares of $50 each. Nine commissioners were named to receive subscriptions to the capital stock; who were to open books for that purpose, giving…
2Cases cited1 opinion
- Utica Insurance v. TilmanNew York Supreme Court · 1828
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- Dean v. DavisCalifornia Supreme Court · 1876
- Eaton v. . AspinwallNew York Court of Appeals · 1859
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