Kinnan v. Sullivan County Club
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander P. W. Kinnan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 15th day of October, 1891, upon the decision.of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 12th day of October, 1897, upon which said judgment was entered. . The action was…
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Appeal by the plaintiff, Alexander P. W. Kinnan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 15th day of October, 1891, upon the decision.of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 12th day of October, 1897, upon which said judgment was entered. . The action was brought by the plaintiff, a stockholder in the defendant corporation, to have certain by-laws of said corporation adjudged…
1Opinion of the Court
Rumsey, J.:
No case and exceptions was made by the appellant, but the only papers he presents upon this appeal are the judgment roll, which contains the decision of the court, and a stipulation that the facts found in the decision are the facts in the case. There are presented, therefore, only questions of law, and in order that the appellant should succeed in his appeal it is incumbent upon him to show that the trial court could not, upon any view of the facts' found, order, the judgment which it did. (Agri. Ins. Co. v. Bernard, 96 N. Y. 525.)
The facts are that.the Sullivan County Club is a…
2Cases cited2 opinions
- Bank of Attica v. . Manufacturers' and Traders' BankNew York Court of Appeals · 1859
- Agricultural Ins. Co. v. . BarnardNew York Court of Appeals · 1884
3Cited by4 opinions
- Penthouse Properties, Inc. v. 1158 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Page v. American & British Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Lord v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1905
- Hale v. West Porto Rico Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1922