Davis v. Congregation Beth Tephila Israel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon Davis, from a judgment of the Supreme Court in favor of the defendant, Congregation Beth Tephila Israel, entered in the office of the clerk of the county of New York on the 18th day of November, 1898, upon the decision of the court rendered after a trial at the New York Special Term, dismissing the complaint upon the. merits.
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Appeal by the plaintiff, Simon Davis, from a judgment of the Supreme Court in favor of the defendant, Congregation Beth Tephila Israel, entered in the office of the clerk of the county of New York on the 18th day of November, 1898, upon the decision of the court rendered after a trial at the New York Special Term, dismissing the complaint upon the. merits. On May 31, 1897, the two defendants, religious corporations,, signed, through committees, an agreement to consolidate into one. This agreement was, on June 2, 1897, reduced to English and signed by the parties. The action is brought to set…
1Opinion of the Court
Barrett, J.:
The plaintiff' alleges that the consolidation agreement' is illegal, and his demand is that it be adjudged void. W é shall, therefore, consider but this one question.
This agreement did not affect the corporate existence of either defendant.. There was no merger. Legislative authority existed permitting them to merge and form a new corporation (Religious Corporations Law, chap. 723, Laws of 1895, § 12; Membership Corporations Law, chap. 559, Laws of 1895, § 7), but no attempt whatever was made to comply with either of these statutory requirements. Thus we have simply an agreement…
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- Todd v. WindsorCourt of Appeals of Georgia · 1968
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- In re Mount Sinai HospitalNew York Supreme Court · 1926
- Delavan v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1912
- Agoodash Achim of Ithaca, N. Y., Inc. v. Temple Beth-El, Inc.New York Supreme Court · 1933
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