Legal Opinion

New Haven Trust Co., Receiver v. Gaffney

Supreme Court of Connecticut

Decided January 5, 1901PublishedCited by 10 opinions

Action to recover a balance claimed to be due on certain shares of the capital stock of a corporation in the hands of a receiver, brought to the Superior Court in New Haven County and tried to the court upon the plaintiff’s demurrer to the answer; the court, Thayer, J., sustained the demurrer and thereafter rendered judgment for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court.

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Action to recover a balance claimed to be due on certain shares of the capital stock of a corporation in the hands of a receiver, brought to the Superior Court in New Haven County and tried to the court upon the plaintiff’s demurrer to the answer; the court, Thayer, J., sustained the demurrer and thereafter rendered judgment for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court. The complaint in this case is similar to the one in the preceding case, brought by the present plaintiff against Nelson. The defendant demurred to the complaint upon the same…

1Opinion of the CourtTorrance, J.

For the reasons given in the preceding case against Nelson, and which need not be repeated here, we think the court did not err in overruling the demurrer to the complaint in this case.

The answer in this case may fairly be regarded as setting up only two defenses. The first alleges, in substance, that the defendant bought his stock from the corporation upon the express condition that the price he agreed to pay for it should be received and accepted in full payment therefor, and that the stock should be issued to him as full paid and non-assessable. The second is to the effect that under the…

2Cases cited1 opinion

  1. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891

3Cited by10 opinions

  1. Mutual Benefit Life Ins. v. HeroldDistrict Court, D. New Jersey · 1912
  2. John W. Cooney Co. v. Arlington Hotel Co.Supreme Court of Delaware · 1918
  3. Kom v. Cody Detective Agency, Inc.Washington Supreme Court · 1913
  4. Stamford Trust Co. v. Yale & Towne Manufacturing Co.Supreme Court of Connecticut · 1910
  5. Rosoff v. Gilbert Transp. Co.District Court, D. Connecticut · 1915

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