Considerant v. . Brisbane
New York Court of Appeals
.Appeal from the judgment of the Superior Court of New York city, sustaining a demurrer to a complaint, which alleged, in substance, that the European and American Colonization Society in Texas was a corporation duly created by and existing under the laws of Belgium, in Europe, of which said corporation the business name was Bureau, Gruillon, Godin & Co.; that the defendant, on or about the 1st March, 1855, at the city of New York, applied to the plaintiff (acting as the…
Read the full summary
.Appeal from the judgment of the Superior Court of New York city, sustaining a demurrer to a complaint, which alleged, in substance, that the European and American Colonization Society in Texas was a corporation duly created by and existing under the laws of Belgium, in Europe, of which said corporation the business name was Bureau, Gruillon, Godin & Co.; that the defendant, on or about the 1st March, 1855, at the city of New York, applied to the plaintiff (acting as the executive agent, and, as such agent, authorized to receive subscriptions to the stock of the said company), and authorized…
1Opinion of the CourtWright, J.
It is conceded, as it must be, that the complaint states a cause of action in the corporation, for whom the plaintiff acted as executive agent, against the defendant. The defendant subscribed for $10,000 of the stock of the company, through its agent, and agreed and promised in writing to pay $5,000 of the sum on the 1st July, 1856, and the remaining $5,000 on the 1st September, 1856. The company, and not the plaintiff, was the party beneficially interested, and the duty, or obligation, to issue the stock (which was the sole consideration for the defendant’s agreement and promise), rested…
2Cases cited1 opinion
- Gunn v. CantineNew York Supreme Court · 1813
3Cited by68 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Merchants' Bank v. McClellandSupreme Court of Colorado · 1886
- Weed v. Hamburg—Bremen Fire InsuranceNew York Court of Appeals · 1892
- Knapp v. . SimonNew York Court of Appeals · 1884
63 more not listed; retrieve them via the Exa API.