Cumberland Coal & Iron Co. v. Hoffman Coal Co.
New York Supreme Court
Appeal from an order of reference. This action was brought by the Cumberland Coal and Iron Company against Allen M. Sherman, William B. Dean, and the Hoffman Steam Coal Company for the purpose of setting aside a certain conveyance of lands of the plaintiff, situated in - Maryland, and a certain transportation-contract made by the plaintiff, to and with the defendants Sherman and Dean, while Sherman was one of the directors of the plaintiff, which convey- , anee and contract…
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Appeal from an order of reference. This action was brought by the Cumberland Coal and Iron Company against Allen M. Sherman, William B. Dean, and the Hoffman Steam Coal Company for the purpose of setting aside a certain conveyance of lands of the plaintiff, situated in - Maryland, and a certain transportation-contract made by the plaintiff, to and with the defendants Sherman and Dean, while Sherman was one of the directors of the plaintiff, which convey- , anee and contract were alleged in the complaint to have been procured by fraud. The Hoffman Steam Coal Company was a corporation created…
1Opinion of the Court
By the Court.—Ingraham, P. J.
The want of jurisdiction of the court over the subject-matter of the action, did not pre*81vent the defendants from recovering costs on the dismissal of the complaint, nor does it deprive the defendants of the right to damages, on the undertaking given on the issuing of the injunction when it was dissolved. The court had sufficient jurisdiction over the parties to commence the action, although there, was none over the subject-matter, and in such a case I can see no reason why the defendants should not have the benefit of the undertaking filed for that purpose. The…
2Cases cited1 opinion
- People v. FalconerThe Superior Court of New York City · 1848
3Cited by9 opinions
- Robertson v. SmithIndiana Supreme Court · 1891
- Littleton v. BurgessWyoming Supreme Court · 1907
- Kent v. Board of CommissionersSupreme Court of Kansas · 1889
- Baxter v. WashburnTennessee Supreme Court · 1881
- State ex rel. Johnson v. JohnsonWest Virginia Supreme Court · 1886
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