Dorris v. Sweeney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Circuit, upon trial without a jury. ' This action was brought by plaintiff as receiver of the “ Buffalo Fruit Preserving Company,” to recover an alleged subscription to the stock of the company.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Circuit, upon trial without a jury. ' This action was brought by plaintiff as receiver of the “ Buffalo Fruit Preserving Company,” to recover an alleged subscription to the stock of the company. Defendant, in 1865, signed a written instrument, of which the following is a copy: “ Buffalo Feuit House Association. “We, the undersigned, hereby agree to unite in the formation of a joint stock, or incorporate company,…
1Opinion of the CourtRapallo, J.
We think that the first ground taken in the opinion of the learned judge before whom this action was tried at Special Term is sufficient to sustain his judgment, without regard to the second position . assumed by him, or to the point upon which the case was determined at General Term. It may be that a corporation defacto was established, and that if the defendant had contracted with it after its formation he would have precluded himself from setting up the invalidity of its organization as a defence to an action upon his contract. This, however, would rest upon the ground that by contracting…
2Cited by2 opinions
- Ketchum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Serensen v. Northern Pac. R.U.S. Circuit Court for the District of Montana · 1891