Wood v. . Lary
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18,1888, which modified, and affirmed as modified, a judgment in favor of defendants entered upon a decision oí the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18,1888, which modified, and affirmed as modified, a judgment in favor of defendants entered upon a decision oí the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The directors elected by preferred stockholders under the reorganization plan have no power to issue mortgage bonds in excess of the amount authorized therein. (Warren v. Ding, 108 U. S. 389; Lockhart v. Van Alstyne, 31 Mich. 76; St.…
1Opinion of the Court
Parker, J,
This was a suit in equity, and the relief demanded, among other things, was that a certain mortgage be declared to be void and of no effect; that it be delivered up to be canceled of record; and that the bonds sought to be secured thereby be likewise delivered up for cancellation. The answer admitted certain allegations of the complaint, specifically. Others, it admitted in a qualified manner, making, in connection therewith, other allegations of fact by way of explanation and justification, and denied others.
The cause coming on for trial before a court without a jury, the plaintiff…
2Cases cited2 opinions
- Eaton v. . WellsNew York Court of Appeals · 1880
- Bridger v. . WeeksNew York Court of Appeals · 1864
3Cited by26 opinions
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- Raabe v. . SquierNew York Court of Appeals · 1895
- Ware v. . Dos PassosNew York Court of Appeals · 1900
- Gilman v. Augustus PrenticeNew York Court of Appeals · 1892
- Gravenhorst v. TurnerAppellate Division of the Supreme Court of the State of New York · 1926
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