Legal Opinion

Whalen v. Hudson Hotel Co.

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

Decided May 8, 1918PublishedCited by 2 opinions

Appeal by the defendants, Hudson Hotel Company and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 19th day of September, 1917, upon the decision of the court after a trial at the Schenectady Special Term.

1Opinion of the Court

John M. Kellogg, P. J.:

The judgment appealed from, in substance, cancels the plaintiffs’ subscriptions to the preferred stock of the Hudson *318Hotel Company, and disallows the counterclaim of the receiver of the company alleging that certain debts exist against the company and asking an accounting with reference to the payment thereof. The Hudson Hotel Company, as contra-distinguished from the acts of the promoters as such, was a mere paper corporation, and did no real business aside from certain acts of the promoters in seeking to float the promotion. Concededly the promotion scheme, and the…

2Cases cited8 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. LewisohnSupreme Court of the United States · 1908
  2. Blum v. . WhitneyNew York Court of Appeals · 1906
  3. Union Hotel Company v. . HerseeNew York Court of Appeals · 1880
  4. Bray v. . FarwellNew York Court of Appeals · 1880
  5. McDowall v. . SheehanNew York Court of Appeals · 1891

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3Cited by2 opinions

  1. Stone v. YoungNew York Supreme Court · 1924
  2. Kelton v. Du PontDistrict Court, N.D. New York · 1919

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