Legal Opinion

Smith v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1949Published

1Opinion of the CourtCohn, J.

The suit is for a declaratory judgment brought by minority stockholders of defendant, the Gold and Stock Telegraph Company (hereinafter called Gold & Stock) in the corporation’s behalf for a judicial construction of a ninety-nine-year lease entered into in 1881, and running until 1981, between it and defendant Western Union Telegraph Company (hereafter called Western Union) whereby defendant Western Union leased from defendant Gold & Stock all of the property and the business of Gold & Stock.

The lease, which is annexed to the complaint, after setting forth the terms of the letting, states,…

2Cases cited8 opinions

  1. Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
  2. Hornstein v. Paramount Pictures, Inc.New York Court of Appeals · 1944
  3. Johnson v. Western Union Telegraph Co.New York Court of Appeals · 1944
  4. Weinberger v. QuinnAppellate Division of the Supreme Court of the State of New York · 1942
  5. Weinberger v. QuinnNew York Court of Appeals · 1943

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