Booth v. Consolidated Fruit Jar Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from two judgments of the Municipal Court of the city of Hew York, first district, borough of Manhattan, entered upon the decision of a- trial justice after a trial without a jury.
1Opinion of the CourtGiegerich, J.
The facts in the two cases are practically identical and by stipulation the second case was decided upon the evidence taken in the trial of the first one.
*253The first action was brought under section 29 of the Stock Corporation Law, to recover the sum of fifty dollars as a penalty for the defendant’s refusal to permit the plaintiff to inspect its stock-books.
There was no dispute as to the material facts. In March, 1907, the plaintiff g’ave to the defendant, as collateral security for the payment of a note payable on the 3d day of January, 1909, which he and another man, named Ileyman, had given…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Garlick v. JamesNew York Supreme Court · 1815
- Gemmell v. Henry G. Davis & Co.Court of Appeals of Maryland · 1892
- Gaty v. HollidayMissouri Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carthage Paper Makers, Inc. v. Mutual Box Board Co.Appellate Division of the Supreme Court of the State of New York · 1956
- In re GillNew York Supreme Court · 1948