Commercial Wood & Cement Co. v. Northampton Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the 'Commercial Wood and Cement Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of December,.1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on. the 22d day of December, 1905, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, the 'Commercial Wood and Cement Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of December,.1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on. the 22d day of December, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The defendant is a corporation organized under the laws óf the State of Delaware, and" engaged in the business of the manufacture *389and sale of cement in the State of Pennsylvania, having an office in the city of New York. There were eleven directors, five of whom had been appointed an executive committee. The by-laws under which this appointment was made reads as follows: “ There shall be an executive committee consisting of five members, who shall be chosen by the directors and who shall meet whenever they see fit, or subject to the call of the chairman, or upon the written…
2Cases cited5 opinions
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Alexander v. . CauldwellNew York Court of Appeals · 1881
- Horton v. Hall & Clark Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Caldwell v. Mutual Reserve Fund Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by18 opinions
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Hallgarten v. WolkensteinAppellate Division of the Supreme Court of the State of New York · 1923
- Booth v. MillikenAppellate Division of the Supreme Court of the State of New York · 1908
- White v. Allen Kingston Motor Car Co.Appellate Terms of the Supreme Court of New York · 1910
- Jackson v. Alpha Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
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