Legal Opinion

Billings v. . Shaw

New York Court of Appeals

Decided October 21, 1913PublishedCited by 13 opinions

Appeal from a final judgment, entered December 10, 1912, after affirmance by the Appellate Division of the Supreme Court in the second judicial department of an interlocutory judgment of Special Term in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a final judgment, entered December 10, 1912, after affirmance by the Appellate Division of the Supreme Court in the second judicial department of an interlocutory judgment of Special Term in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. A director may purchase the obligations of his corporation, matured or unmatured, for less than par and enforce them against the corporation for their full amount when there is no conflict of interest between him and the corporation with respect to the transaction. (Morawetz on Corp. §…

1Opinion of the CourtChase, J.

• The contention of the appellants is that the conclusions of law on which the interlocutory and final judgments are based are not supported by the findings of fact.

By the findings it appears that the Hudson River Stone Supply Company, a domestic corporation, was organized March 12, 1890, with a capital of $300,000 for the purpose of quarrying and crushing stone and selling the same. It was formed to combine as one plant property owned by one Wallace C. Andrews and property owned by the Hudson River Broken Stone and Supply Company, all the stock of which was owned and controlled by one Dady…

2Cases cited6 opinions

  1. Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
  2. Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
  3. Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
  4. Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
  5. People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
  2. Frank Gilbert Paper Co. v. PrankardAppellate Division of the Supreme Court of the State of New York · 1923
  3. Kreitner v. BurgwegerAppellate Division of the Supreme Court of the State of New York · 1916
  4. Continental Securities Co. v. BelmontNew York Supreme Court · 1913
  5. Jacobellis v. Prudential Ice & Coal Corp.Appellate Division of the Supreme Court of the State of New York · 1935

8 more not listed; retrieve them via the Exa API.

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