Legal Opinion

Searles v. Gebbie

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1906PublishedCited by 9 opinions

Appeal by the defendants^ Frank Gebbie and others, from- an "interlocutory.judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 7th day of March, 1906, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the said defendants’ demurrer to the complaint.

1Opinion of the Court

Spring, J.:

The defendant Mohawk Condensed Milk Company is a domestic corporation with a paid-up capital stock of $60,000, and the plaintiff is a stockholder thereof, owning stock of the par value of $1,000, and until January, 1905, was one of the directors of the corporation. The other defendants are its present officers and directors, 1

*779A brief summary of the salient allegations of the complaint is necessary for a comprehension of the questions at issue on this appeal. On the 14th day of. July, 1902, the directors of said corporation at a regular meeting declared a dividend of fifty per cent…

2Cases cited4 opinions

  1. Bosworth v. . AllenNew York Court of Appeals · 1901
  2. Ehle v. . the Chittenango BankNew York Court of Appeals · 1862
  3. Lowene v. American Fire InsuranceNew York Court of Chancery · 1837
  4. Weber v. WallersteinAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by9 opinions

  1. In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
  2. Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
  3. In re the Estate of BoothNew York Surrogate's Court · 1931
  4. Brown v. Deposit National BankNew York Supreme Court · 1925
  5. Homan v. First National BankSupreme Court of Pennsylvania · 1934

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