Graham v. Hoy
The Superior Court of New York City
Appeal from judgment sustaining a demurrer to the complaint. The complaint alleges that the defendant, Ella 1ST. Hoy, is the executrix of James Hoy, deceased. That the Frostburgh Coal Company was a corporation created by the State of Maryland. That one Frost recovered a judgment in the courts of Maryland, against said company, upon which an -execution was issued and returned unsatisfied, and which judgment has been assigned to the plaintiff.
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Appeal from judgment sustaining a demurrer to the complaint. The complaint alleges that the defendant, Ella 1ST. Hoy, is the executrix of James Hoy, deceased. That the Frostburgh Coal Company was a corporation created by the State of Maryland. That one Frost recovered a judgment in the courts of Maryland, against said company, upon which an -execution was issued and returned unsatisfied, and which judgment has been assigned to the plaintiff. It is then alleged that the defendants (except Ella M. Hoy), and James Hoy, now deceased, made an instrument in writing under their hands and seals, as…
1Opinion of the Court
By the Court.—Monell, Ch. J.
I think the learned judge below was in error in supposing that this action is upon the instrument or agreement set out in the complaint.
That is an agreement between the stockholders of the Frostburgh Coal Company, in which they agreed, among themselves with the Consolidated Coal Company, to transfer the property of the former company to the latter company. It contains no covenant or obligation which can be enforced by the creditors, and therefore no cause of action can be predicated upon it. The parties to it, comprising all the stockholders, had a right, probably,…
2Cases cited6 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Nathan v. WhitlockNew York Court of Chancery · 1841
- Bailey v. IngleeNew York Court of Chancery · 1830
- Pope v. . ColeNew York Court of Appeals · 1873
- Gilchrist v. StevensonNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Forthun School District No. 7 v. AltnerNorth Dakota Supreme Court · 1930