Lake Ontario Shore R.R. Co. v. . Curtiss
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial depaitment, reversing a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This action was brought upon an alleged subscription for the capital stock of the plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial depaitment, reversing a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This action was brought upon an alleged subscription for the capital stock of the plaintiff. The complaint alleged “ that heretofore, about the year 1869, the said defendant, for a valuable consideration, duly# subscribed in writing for, and agreed to and with said company to take, five shares of the capital stock of said company, of the par value of one hundred dollars each, and the said…
1Opinion of the CourtDastorth, J.
Notwithstanding the ingenious argument of the learned counsel for the appellant, we are unable to discover in it, or in any of the numerous authorities cited by him any principle in law or equity upon which this appeal can be successful. The case 'is without precedent. The plaintiff is in no sense a party to the contract upon which the action is brought. The undertaking is between certain persons, “ citizens of Unionville, and its vicinity,” and in its mutuality is the only consideration by which it can be supported ; by it they pledge themselves to subscribe for and take stock in and for the…
2Cases cited1 opinion
- Kincaid v. . DwinelleNew York Court of Appeals · 1875
3Cited by16 opinions
- Thacker v. Hubard & Appleby, Inc.Supreme Court of Virginia · 1918
- Parker v. JefferyOregon Supreme Court · 1894
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Sayward v. Dexter, Horton & Co.Court of Appeals for the Ninth Circuit · 1896
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