Strodl v. Farish-Stafford Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Edward V. Strodl against the Farish-Stafford Company. Judgment dismissing the complaint, which was subsequently amended by adding the words “upon the merits” (65 Mise. Rep. 625, 121 N. Y. Supp. 93), and plaintiff appeals from the- order granting such amendment.
1Opinion of the CourtBijur, J.
The action was for the purchase price of shares of stock of the defendant company, held by plaintiff, who was an employé, and who claimed a contract from defendant to purchase his shares whenever he might leave its employ. The defense included the plea of ultra vires. Defendant also interposed a counterclaim on a note made by plaintiff in part payment of these shares. After plaintiff had rested, defendant introduced the statute of Connecticut (where defendant is incorporated) and rested. Defendant then moved to dismiss the complaint, and asked for an affirmative judgment on its counterclaim,…
2Cases cited9 opinions
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Ware v. . Dos PassosNew York Court of Appeals · 1900
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
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