Sigua Iron Co. v. . Brown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. 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 of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, . are stated in the opinion. The plaintiff corporation had no right or legal capacity to bring this action, its title and right of action haying passed to the Federal receiver before this action was commenced. (A. B. Co. v. Sylvester, 68 Hun, 401; Rankine v. Elliott, 16 N. Y.…
1Opinion of the CourtMartin, J.
This action was brought by a foreign corpo-
ration to recover unpaid calls upon sixty shares of its assessable capital stock transferred to the defendant and represented by its certificate 14o. 106. The original complaint was twice amended, but the issues tried arose upon the last amended complaint and answer. At the time of the transfer of the stock in question seventy per cent of its par value had been paid, leaving thirty per cent subject to future calls. A call for five per cent appears by the record to have been issued by the corporation and paid by the defendant before the actual…
2Cases cited40 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Webster v. UptonSupreme Court of the United States · 1876
- Howarth v. . AngleNew York Court of Appeals · 1900
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3Cited by26 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- In re C. Moench & Sons Co.Court of Appeals for the Second Circuit · 1904
- In re Dressler Producing Corp.Court of Appeals for the Second Circuit · 1919
- Shloss v. Metropolitan Surety Co.Supreme Court of Iowa · 1910
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
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