Geneva Mineral Spring Co. v. Coursey
Appellate Division of the Supreme Court of the State of New York
Appeal by "the defendant, Stephen Coiirsey, from a judgment of the Supreme Court in favor of the plaintiff, -entered in the office of the clerk of the' county 'of Ontario on the 2d day of March, 1899, upon the report of a referee.
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Appeal by "the defendant, Stephen Coiirsey, from a judgment of the Supreme Court in favor of the plaintiff, -entered in the office of the clerk of the' county 'of Ontario on the 2d day of March, 1899, upon the report of a referee. The plaintiff, alleging that it is a corporation duly created by and ■existing under the laws of this State,'brings this action to recover the possession of certain property consisting of a flowing well o'f mineral water, a bath house, pumps, -machinery and fixtures, all of which' were located upon certain premises in the village of Geneva, New York, more…
1Opinion of the Court
Adams, J.:
The appellant, who, from tne commencement of this action, has .apparently; been'the; ;party more dire.eM'y interpst^d [than either of ■his co:defendants ,‘in defeating, the plain tiff’shught to recover,, rests .his defense upon four distinct propositions, viz.:
-■ (1) That the plaintiff, never having been duly organized as a corporation in pursuance of the requirements of chapter 611 of the Laws of 1875, has no legal existence, .and 'consequently no capacity to sue;
■ .• (2) That its corporate existence, if any was ever acquired, has- terminated in consequence of the abandonment of…
2Cases cited12 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- Tefft v. . MunsonNew York Court of Appeals · 1874
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3Cited by8 opinions
- Lippman v. Kehoe Stenograph Co.Supreme Court of Delaware · 1918
- L. D. Garrett Co. v. MortonNew York Supreme Court · 1901
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899
- Montoya v. HubbellNew Mexico Supreme Court · 1922
- Geneva Mineral Springs Co. v. SteeleAppellate Division of the Supreme Court of the State of New York · 1906
3 more not listed; retrieve them via the Exa API.