Bank of China, Japan & the Straits, Ltd. v. Morse
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1899, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial and granted a new trial. At the close of the plaintiff’s evidence the defendant moved to dismiss the complaint upon numerous grounds stated in the record. That motion was denied.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1899, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial and granted a new trial. At the close of the plaintiff’s evidence the defendant moved to dismiss the complaint upon numerous grounds stated in the record. That motion was denied. An exception was taken by him to its denial and “ as to each ground of the motion, separately.” After the evidence was closed he moved to dismiss the…
1Opinion of the CourtMartin, J.
This action was to enforce a claim against the defendant as a shareholder of the plaintiff company under an alleged scheme- or agreement for winding up the plaintiff and transferring its property and business to another company. The plaintiff seeks to recover a personal judgment against the defendant as the holder of six hundred and eighty-five shares in the plaintiff company for the whole amount unpaid thereon for the benefit of a new corporation in which he has no interest. ■ The plaintiff has retired from business, is being voluntarily wound up, and all its creditors have been paid. A. new…
2Cases cited31 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Howarth v. . AngleNew York Court of Appeals · 1900
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Peil v. . ReinhartNew York Court of Appeals · 1891
26 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Fitzpatrick v. International Railway Co.New York Court of Appeals · 1929
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Floro v. LawtonCalifornia Court of Appeal · 1960
- Christiansen v. William Graver Tank WorksIllinois Supreme Court · 1906
- National Broadway Bank v. . SampsonNew York Court of Appeals · 1904
27 more not listed; retrieve them via the Exa API.