Legal Opinion

Seeber v. People's Building Loan & Saving Ass'n

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

Decided July 1, 1899PublishedCited by 2 opinions

Appeal by the plaintiff, Charles Seeber, from a judgment of the. Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 10th day of November, 1897, as amended by an order, bearing date the 6th day of December, 1897, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Richmond Trial Term, and. also from an order, bearing date…

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Appeal by the plaintiff, Charles Seeber, from a judgment of the. Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 10th day of November, 1897, as amended by an order, bearing date the 6th day of December, 1897, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Richmond Trial Term, and. also from an order, bearing date the 26th day of October, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Bartlett, J. :

The plaintiff sues as the assignor of seven persons, who, in the year 1891, subscribed for certain shares of stock in a corporation purporting to have been organized under the laws of the State of New Jersey, having its principal and home office at the city of Trenton, in that State, but whose corporate name was “ The People’s Building Loan and Saving Association of Geneva, N. Y.”

It will be observed that this name is the same as that of the defendant in this action (which is a New York corporation) with the exception of the words “ of Geneva, N. Y.”

*314The terms of the…

2Cases cited2 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Fairchild v. . McMahonNew York Court of Appeals · 1893

3Cited by2 opinions

  1. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Mikles v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1901

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