Strodl v. Farish-Stafford Co.
New York Supreme Court
Appeal by the plaintiff from an order of the City Court of the city of ¡New York, amending a judgment dismissing the complaint by adding the words “ upon the merits.” The trial took place before a judge and a jury.
1Opinion of the CourtBijur, J.
The action was for the purchase price of shares of stock of the defendant company, held by plaintiff, who was an employee and who claimed a contract from defendant to purchase his shares whenever he might leave its employ. The defense included the plea of ultra vires. Defendant also interposed a counterclaim on a note made by plaintiff in part payment of these shares.
After plaintiff had rested, defendant introduced the statute of Connecticut (where defendant is incorporated) and rested. Defendant then moved to dismiss the complaint and asked for an affirmative judgment on its counterclaim,…
2Cases cited2 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Harris v. BuchananAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Nudelman v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1912