Schwab v. E. G. Potter Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph E. Schwab, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term, overruling the plaintiff’s demurrer to certain defenses contained in the answer.
1Opinion of the Court
Patterson, P. J.:
This appeal is from an interlocutory judgment overruling the plaintiff’s demurrer to the second and third separate defenses contained in the joint answer of the defendants. Those defendants are the E. G. Potter Company, a corporation created and organized under the laws of the State of Hew York (but the nature of its „ business is not disclosed in the pleadings), and Ellis G. Potter, Edward F. Hull and Hiram P. Frear, three of four directors of the company. The plaintiff is a shareholder in the Potter corporation, and he alleges in his complaint that he brings this action on…
2Cases cited4 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Continental Ins. Co. v. . N.Y. H.R.R. Co.New York Court of Appeals · 1907
- Colby v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Continental Insurance v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Schwab v. E. G. Potter Co.New York Court of Appeals · 1909
- Warner v. MorganNew York Supreme Court · 1913
- Herman v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1921
- Armstrong v. HaydenNew York Supreme Court · 1926
- Rosenfeld v. Fairchild Engine & Airplane Corp.New York Court of Appeals · 1955