Fernschild v. D. G. Yuengling Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the D. G. Yuengling Brewing Company, under section 1344 of the Code of Civil Procedure, from a judgment of the Appellate Term of the Supreme Court in the city of New York in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of September, 1896, reversing a judgment of the General Term of the City Court of the city of New York, which affirmed a judgment in favor of the defendant, entered in the office…
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Appeal by the defendant, the D. G. Yuengling Brewing Company, under section 1344 of the Code of Civil Procedure, from a judgment of the Appellate Term of the Supreme Court in the city of New York in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of September, 1896, reversing a judgment of the General Term of the City Court of the city of New York, which affirmed a judgment in favor of the defendant, entered in the office of the clerk of the City Court of the city of New York on the 10th day of June, 1895, upon the verdict of a jury…
1Opinion of the Court
Willard Bartlett, J.:
The defendant, the D. G. Yuengling Brewing Company, came into existence in 1893, as the result of a reorganization of a preexisting corporation known as the D. G. Yuengling, Jr., Brewing Company. The plaintiff was the holder of two $1,000 bonds of the old corporation, and he brought this action against the new corporation to recover the amount of these securities, with interest, on the ground that the new corporation, in an agreement with the old one for the purchase of certain of its assets, assumed the indebtedness due to the plaintiff upon the bonds in suit.
The…
2Cases cited5 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Belmont v. . ComanNew York Court of Appeals · 1860
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Fernschild v. D. G. Yuengling Brewing Co.City of New York Municipal Court · 1896
- Fernschild v. Yuengling Brewing Co.Appellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Irvine v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Klein v. East River Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1904