Waters v. Horace Waters & Co.
New York Court of Appeals
Appeal from a judgment entered March 22, 1909, upon an order "of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered March 22, 1909, upon an order "of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The sale and issue of the three shares of stock to Alexander Hamilton was illegal and was a fraud upon the corporation and its stockholders. (2 Clark & Marshall on Priv. Corp. § 408 ; 2 Purdy’s Beach on Priv. Corp. §§…
1Opinion of the CourtWillard Bartlett, J.
The many and complicated facts of this case are set out fully and with great particularity in the opinion of the Appellate Division. (Waters v. Waters & Co., 130 App. Div. 678.) The statement occupies nearly six printed pages of the volume in which it is reported. It is not necessary to repeat or paraphrase that statement here. A brief account of the principal features of the action will suffice.
Horace Waters and Company was originally a copartnership transacting a mercantile and manufacturing business in the city of New York. In. 1886 the four copartners entered into a written agreement to…
2Cases cited2 opinions
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
- Waters v. Horace Waters & Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by11 opinions
- BlackRock Allocation Target Shares v. Wells Fargo BankDistrict Court, S.D. New York · 2017
- Saigh v. BuschSupreme Court of Missouri · 1966
- Archer v. HesseAppellate Division of the Supreme Court of the State of New York · 1914
- Robertson v. SchoonmakerNew York Supreme Court · 1935
- Dusenberry v. Sagamore Development Co.Appellate Division of the Supreme Court of the State of New York · 1914
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