Raisbeck v. Oesterricher
New York Court of Common Pleas
Application for injunction and receiver pendente lite. The plaintiffs, Thomas A. Baisbeck and James Baisbeck, and the defendants, Ignatz Oesterricher, Thomas, Jacob and Edward Wimbridge, entered into an agreement under seal, dated July 7, 1877, by which they agreed to form a corporation to be called “The Photo-Plate Company” for the purpose of making relief plates for printing, and for other purposes.
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Application for injunction and receiver pendente lite. The plaintiffs, Thomas A. Baisbeck and James Baisbeck, and the defendants, Ignatz Oesterricher, Thomas, Jacob and Edward Wimbridge, entered into an agreement under seal, dated July 7, 1877, by which they agreed to form a corporation to be called “The Photo-Plate Company” for the purpose of making relief plates for printing, and for other purposes. Pursuant to such agreement, they subscribed and acknowledged a certificate as provided in the first section of the act to authorize the formation of corporations for manufacturing and other…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts.]—The plaintiffs argue that by reason of the failure to file the duplicate of the certificate of incorporation in the office of the secretary of state, the parties subscribing the certificate became merely copartners inter sese. Upon the correctness of the proposition depends the right to the relief asked upon this motion. What consequences result from the failure to file the duplicate of the certificate of incorporation as required by the act has not been the subject of judicial examination in this State. The statute requires “that the certificate shall be filed in…
2Cases cited4 opinions
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Jones v. DanaNew York Supreme Court · 1855
- Bloom v. CraneIllinois Supreme Court · 1860
3Cited by1 opinion
- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902