Davison v. Parke, Austin & Lipscomb, Inc.
New York Supreme Court
1Opinion of the Court
Pécora, J.
Plaintiffs, as owners of certain shares of preferred stock of Parke, Austin & Lipscomb, Inc. (herein called the corporation), sue in a representative stockholders’ action to invalidate the action of the corporation in filing a certificate of reclassification and reduction of the capital stock thereof. The answer sets forth three separate defenses. A motion is now made by plaintiffs, under rule 109 of the Rules of Civil Practice, to strike out such defenses as insufficient in law, and under rule 112 for judgment on the pleadings.
*33Assuming the truth of the matters alleged in the answer…
2Cases cited9 opinions
- Matter of SilberkrausNew York Court of Appeals · 1929
- Breslav v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Breslav v. New York & Queens Electric Light & Power Co.New York Court of Appeals · 1937
- In re KellerAppellate Division of the Supreme Court of the State of New York · 1906
- Matter of DuerNew York Court of Appeals · 1936
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3Cited by2 opinions
- Goldfield Corp. v. General Host Corp.New York Court of Appeals · 1971
- Feiwus v. Genpar, Inc.District Court, E.D. New York · 1999