Stokes v. . Continental Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1905, reversing a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 4, 1905, reversing a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term and granting a new trial. This action was brought by a stockholder to compel his corporation to issue to him at par such a proportion of an increase made in its capital stock as the number of shares held by him before such increase bore to the number of all the shares originally issued, and in case such additional shares could not be delivered to him for his…
1Opinion of the CourtVann, J.
Mo exception worthy of notice appears in the record, except those filed to the conclusions of law found by the trial judge. If those conclusions are supported by the facts found, the Appellate Division had no power to reverse the judgment rendered by the Special Term on questions of law only, as, from the silence of the record, it must be presumed was done. (Code Civ. Pro. § 1338.) If the facts found did not warrant the légal conclusions of the trial court the order of reversal was right and should be affirmed. Thus the question presented for decision is'* whether according to the facts found…
2Cases cited14 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- State ex rel. Page v. SmithSupreme Court of Vermont · 1876
- Currie v. . WhiteNew York Court of Appeals · 1871
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
- Shaw v. DreyfusCourt of Appeals for the Second Circuit · 1949
- Hayes v. St. Louis Union Trust Co.Supreme Court of Missouri · 1927
62 more not listed; retrieve them via the Exa API.