Rochester & Genesee Valley Railroad v. Clarke National Bank
New York Supreme Court
APPEALS from orders made at a special term in Monroe county, denying a motion of the defendant, in each action, to dismiss the complaint. The motion was for an order directing the discontinuance of these actions, with costs to be paid by the attorneys, on the ground that they were brought without the authority of the nominal plaintiff. The first action was for five coupon bonds of the United States, of $1000 each, alleged to have been deposited with the defendant.
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APPEALS from orders made at a special term in Monroe county, denying a motion of the defendant, in each action, to dismiss the complaint. The motion was for an order directing the discontinuance of these actions, with costs to be paid by the attorneys, on the ground that they were brought without the authority of the nominal plaintiff. The first action was for five coupon bonds of the United States, of $1000 each, alleged to have been deposited with the defendant. The defendant answered, denying such deposit. The second action was for $4090.33 in money, alleged to have been deposited with the…
1Opinion of the Court
By the Court, Talcott, J.
A motion was made in each of the above entitled actions, that the same be discontinued, upon the alleged ground that the same was brought by the attorney of record therein, without the authority of the plaintiff. On these motions the appellants sought to sustain the allegation of want of authority to bring the actions, by showing that the board of directors of the plaintiff, and the officers under whose authority the attorneys for the plaintiff acted in bringing the actions, were not legally and duly elected, or, at all events, that another set of directors and…
2Cases cited2 opinions
- Wilcox v. SmithNew York Supreme Court · 1830
- Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
3Cited by7 opinions
- People Ex Rel. Gilchrist v. . MurrayNew York Court of Appeals · 1878
- Village of Canaseraga v. Green, New York County Courts1903
- Hand v. DeadyNew York Supreme Court · 1894
- In re New York, Lackawanna & Western Railway Co.New York Supreme Court · 1885
- Kasitch v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1940
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