Legal Opinion

General Proprietors of Eastern Division v. Force's Executors

New Jersey Court of Chancery

Decided October 15, 1896PublishedCited by 6 opinions

On final bearing on pleadings and proofs. The bill in this canse was filed on the 8th day of September, 1891, against William M. Force, the defendants’ testator. It was based on the idea that the complainants, in their collective capacity, constituted a corporation capable of suing. On the 31st of October, 1891, the defendant, Force, interposed a plea setting up that the complainants were not a corporation.

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On final bearing on pleadings and proofs. The bill in this canse was filed on the 8th day of September, 1891, against William M. Force, the defendants’ testator. It was based on the idea that the complainants, in their collective capacity, constituted a corporation capable of suing. On the 31st of October, 1891, the defendant, Force, interposed a plea setting up that the complainants were not a corporation. Force died, and the present defendants were made parties before this plea was brought to the test of a hearing. The order making them parties directed that they should proceed according to…

1Opinion of the Court

Pitney, Y. C.

In ordei to clearly understand the character of the issues it is worth while to advert briefly to the history of the complainants, their mode of conducting business, and the situation of their affairs at the time Mr. Force first became connected with them.

The complainants, as is well known, are successors in title to the original grantees of the executors of Sir George Carteret, of the eastern division of New Jersey. The twelve original grantees conveyed an equal undivided one-half to twelve other proprietors, and the property has ever since been held in shares of…

2Cases cited3 opinions

  1. Cunningham v. PellNew York Court of Chancery · 1836
  2. Miller v. FentonNew York Court of Chancery · 1844
  3. Gardner v. SharpU.S. Circuit Court for the District of New Jersey · 1826

3Cited by6 opinions

  1. Christian v. CanfieldNew Jersey Court of Chancery · 1931
  2. SOCIETA OPERAIA, ETC., VILLALBA v. Di MariaNew Jersey Superior Court Appellate Division · 1956
  3. Fidelity Union Trust Co. v. CochraneNew Jersey Court of Chancery · 1934
  4. Patsourakos v. KolioutosNew Jersey Court of Chancery · 1942
  5. Fidelity Union Trust Co. v. Union Cemetery Assn.New Jersey Court of Chancery · 1946

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