Murrin v. . Archbald Consolidated Coal Company
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April . 8, 1921, which affirmed an order of Special Term granting a motion for an injunction pendente lite. The complaint alleged that prior to October 25, 1919, the plaintiff Murrin owned a lease of a coal property known as the Edgerton lease, the property comprising about 2,300 acres situated in the anthracite region of Pennsylvania.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April . 8, 1921, which affirmed an order of Special Term granting a motion for an injunction pendente lite. The complaint alleged that prior to October 25, 1919, the plaintiff Murrin owned a lease of a coal property known as the Edgerton lease, the property comprising about 2,300 acres situated in the anthracite region of Pennsylvania. Newton was then promoting the Archbald Consolidated Coal Company as a holding corporation to hold the stock of the Archbald Coal…
1Per curiam
The order of the Appellate Division should be affirmed, with costs, and the questions certified answered in the affirmative.
Neither in the complaint nor in the affidavits on the motion for a temporary injunction are we given any information as to the laws of the state of Delaware with regard to the sale of all the assets of one corporation to another. We must assume that these laws are similar to the general rules prevailing in this state, excluding from consideration any peculiar statutory provisions. If the act of the corporation was ultra vires, it was a breach of the implied contract…
2Cases cited1 opinion
- People v. . BallardNew York Court of Appeals · 1892
3Cited by10 opinions
- Gibson v. ManuelMississippi Supreme Court · 1988
- Babcock v. BabcockNew York Supreme Court · 1933
- Jennings v. First National Bank of WilliamsonWest Virginia Supreme Court · 1935
- Crump v. BronsonSupreme Court of Virginia · 1937
- Cross Properties, Inc. v. Brook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1971
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