Beach v. Fulton Bank
New York Supreme Court
^ toover for flour and lard; tried at the last Mew York circuit, the verdict was for the plaintiff, against the defendants, a corporation aggregate. now moved in arrest of judgment, on the ground that trover would not lie against this corporation. He ,said they were chargeable as a corporation, with no act, which their charter does not give them power to do. To warrant their being charged in this shapé, they must have done something which affects all the stockholders.
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^ toover for flour and lard; tried at the last Mew York circuit, the verdict was for the plaintiff, against the defendants, a corporation aggregate. now moved in arrest of judgment, on the ground that trover would not lie against this corporation. He ,said they were chargeable as a corporation, with no act, which their charter does not give them power to do. To warrant their being charged in this shapé, they must have done something which affects all the stockholders. The action is, in effect, against the stockholders, for whom the defendants are agents. To affect their principal, they must…
1Opinion of the Court
Savage, Ch. J.
It is very properly conceded that here are only two questions; 1. Whether the defendants could be guilty of a conversion of these goods, as a corporation, in any way; and 2. Whether trover will lie against a corporation aggregate. We cannot bring ourselves to doubt on either question; and this motion is therefore denied. [1]
Motion denied
See N. Y. Dig. vol. 4, tit. Trover.
2Cited by3 opinions
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Fishkill Savings Institution v. National BankNew York Court of Appeals · 1880
- Fournier v. CyrSupreme Judicial Court of Maine · 1874