Bank of China, Japan & the Straits, Ltd. v. Morse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Horace Morse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day óf February, 1899, upon the verdict of a jury rendered by direction of ' the court, and also from an order entered in said clerk’s office, on the 7th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought to. recover a sum of money alleged to be due from the defendant to the plaintiff by way of calls upon 685 shares of the capital stock of the plaintiff, for which the defendant had subscribed. The plaintiff is an English corporation organized under the Companies Act of 1862 and its amendments. These acts were alleged in the complaint and were proved, and no question has been made either as to their existence or their terms.
As originally organized, the capital of the plaintiff company was ¿61,000,000 sterling, divided into 1,250 founders’ shares of ¿61 each,…
2Cases cited3 opinions
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Cecil Bank v. BarryCourt of Appeals of Maryland · 1863
3Cited by4 opinions
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- Whitehead v. HeidenheimerAppellate Division of the Supreme Court of the State of New York · 1901
- Ezrasons, Inc. v. RuddNew York Court of Appeals · 2025
- Rhodesian General Finance & Trading Trust v. MacQuistenNew York Supreme Court · 1939