Legal Opinion

Parish v. New York Produce Exchange

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1901PublishedCited by 4 opinions

Appeal from judgment on report of referee. Suit by Consider Parish and others against the New York Produce Exchange and others, as trustees of the Gratuity Fund of the New York Produce Exchange. From a judgment entered on the report of a referee declaring void an amendment to the by-laws of the defendant "the New York Produce Exchange, and enjoining the defendants the trustees of the gratuity fund from carrying out its provisions, defendants appeal.

1Opinion of the CourtO’Brien, J.

This action was brought in behalf of the plaintiffs and all others interested in the so-called “gratuity fund” of the New *765York Produce Exchange in like situation to have an amendment to by-law 57 of the said New York Produce Exchange declared null and void, and to restrain the exchange and the defendant trustees of the fund from distributing such fund among the members, as provided in and by the said amended by-law. The action affects the rights and interests of nearly 3,000 members of the exchange, which is a domestic corporation originally incorporated by chapter 350 of the Laws of 1862 by…

2Cases cited3 opinions

  1. Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
  2. Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
  3. Railway Company v. AllertonSupreme Court of the United States · 1874

3Cited by4 opinions

  1. Federal Life Insurance v. KerrIndiana Supreme Court · 1909
  2. Hoosier Casualty Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  3. French v. New York Mercantile ExchangeAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hoosier Casualty Co. v. CommissionerUnited States Board of Tax Appeals · 1927

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