Legal Opinion

Lorillard v. . Clyde

New York Court of Appeals

Decided May 8, 1885PublishedCited by 12 opinions

Appeal from judgment of the General Term of the Superior Court of the city of ISTew York, entered upon an order made December 4, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 16 J. & S. 409.) The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of ISTew York, entered upon an order made December 4, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 16 J. & S. 409.) The nature of the action and the material facts are stated in the opinion. The plaintiff and defendant in the present action having been respectively plaintiff and defendant in the action brought in the Supreme Court to dissolve the corporation, every question determined in that action is res ad judicata as between them, and the findings of the jury and…

1Opinion of the CourtMiller, J.

This action was brought to recover a balance due the plaintiff on the 1st day of July, 1876, pursuant to an agreement made by defendants, guaranteeing to the plaintiff dividends not less than seven per cent per annum on 1,500 shares of stock, of a steamship company to be organized, of the par value of $150,000.

For some time prior to the making of said agreement, plaintiff and defendants were respectively engaged in the business of transporting freight between blew York and Philadelphia in competition with each other. This agreement was made and entered into for the purpose of consolidating…

2Cases cited1 opinion

  1. Lorillard v. . ClydeNew York Court of Appeals · 1881

3Cited by12 opinions

  1. Campbell v. BeyersSupreme Court of Alabama · 1914
  2. Societe Vinicole De Champagne v. Mumm Champagne & Importation Co.District Court, S.D. New York · 1935
  3. United States v. DavisDistrict Court, S.D. New York · 1933
  4. Stevens v. SimpsonDistrict Court, S.D. New York · 1929
  5. Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898

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