Mitchell v. Vermont Copper Mining Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior ■Court of the city of New York affirming a judgment in favor ■of plaintiff, entered upon a decision of the court at a trial at Special Term.
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Appeal from judgment of the General Term of the Superior ■Court of the city of New York affirming a judgment in favor ■of plaintiff, entered upon a decision of the court at a trial at Special Term. (Reported below, 8 J. & S., 406.) This action was brought to set aside a sale at public auction made by the defendant, the Vermont Copper Mining Company, of 10,941 shares of the stock in the company belonging to plaintiffs’ testator, and to restrain the company from transferring the stock to the purchaser. The court found substantially the following facts, among others: That, on September 17, 1866,…
1Opinion of the Court
.Allen, -T.
In the absence of evidence of want of authority in the president to represent and act for the corporation defendant, or any claim upon the trial that he did not represent the corporation, the tender to him of the assessment at the office of the company during business hours must be assumed to have been properly made to him, and his refusal to accept it must he regarded as the act of the corporation. (Plumb v. Cattaraugus Co. Mutual Ins. Co., 18 N. Y. 392; Dougherty v. Hunter, 54 Penn. St. R., 380; Howland v. Myer, 3 Comst. 290; Bank of Vergennes v. Warren, 7 Hill, 91; Conover v.…
2Cases cited4 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
3Cited by15 opinions
- Wright v. John A. Robinson & Co.New York Supreme Court · 1895
- Lippman v. Kehoe Stenograph Co.Supreme Court of Delaware · 1918
- Seyberth v. American Commander Mining & Milling Co.Idaho Supreme Court · 1926
- Shay v. CallananSupreme Court of Iowa · 1904
- Rosenberg v. TaftSupreme Court of Vermont · 1920
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