Drake v. New York Suburban Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Suburban Water Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Westchester on the 23d day of September, 1897, upon the decision of the court rendered after a trial at the Westchester Special Term. ■ The New York and Mount Vernon Water Company was organized in January, 1886, pursuant to 'the provisions of chapter 40 of the Laws of 1848. Prior to…
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Appeal by the defendants, The New York Suburban Water Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Westchester on the 23d day of September, 1897, upon the decision of the court rendered after a trial at the Westchester Special Term. ■ The New York and Mount Vernon Water Company was organized in January, 1886, pursuant to 'the provisions of chapter 40 of the Laws of 1848. Prior to this time, and in 1873, the Mount Vernon Water Company had been incorporated with a capital of $25,000. The two above-named…
1Opinion of the Court
Hatch, J.:
The judgment rendered in this action proceeds upon the theory that the issue of stock of the New York and Mount Vernon Water Company in fulfillment of the construction contract was in fraud of the rights of the stockholders of that company, in consequence of which such stock, so far as it participated in the vote for consolidation, is void as against the plaintiff in this action, and others similarly situated ; that the creation of the New York City Suburban Water Company and the subsequent consolidation were in pursuance of a fraudulent scheme to obtain control of the property of…
2Cases cited10 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Krekeler v. . RitterNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kimmel Sales Corp. v. LausterNew York Supreme Court · 1938
- Drake v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Inman v. New York Interurban Water Co.U.S. Circuit Court for the District of Southern New York · 1904
- Drake v. New York Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Atlantic Trust Co. v. New York City Suburban Water Co.Appellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.