Scandinavian Import-Export Co. v. Bachman
Appellate Division of the Supreme Court of the State of New York
> Appeal by the defendants, Frank H. Bachman and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of November, 1920, denying their motion for an order sustaining their demurrer to the complaint and for judgment on the pleadings.
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> Appeal by the defendants, Frank H. Bachman and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of November, 1920, denying their motion for an order sustaining their demurrer to the complaint and for judgment on the pleadings. The complaint shows .that the plaintiff is a domestic corporation, duly organized and existing .under the Business Corporations Law; that its certificate of incorporation — designated in the complaint as its charter — was filed in the office of the Secretary of…
1Opinion of the Court
Laughlin, J.:
The complaint was framed and the appeal has been argued on the theory that the certificate of incorporation is no broader than authorized and, therefore, since those powers apparently authorize any lawful business, with certain exceptions not applicable here (Business Corp. Law, § 2; * Jacobs v. Monaton R. I. Corp., 212 N. Y. 48), we shall so assume.
It will be observed from the statement of facts that the certificate of incorporation of the plaintiff does not indicate a primary purpose or purposes of its organization and specifies many powers and also confers upon it very general…
2Cases cited9 opinions
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
- Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
- Springs v. JamesAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Bomeisler v. M. Jacobson & Sons TrustCourt of Appeals for the First Circuit · 1941
- Dyer v. Broadway Central BankNew York Supreme Court · 1927
- In re the Accounting of HotchkissNew York Surrogate's Court · 1954
- Johnson v. WeiseConnecticut Superior Court · 1938