Legal Opinion

Whitaker v. . Masterton

New York Court of Appeals

Decided June 28, 1887PublishedCited by 16 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered -upon an order made March 4, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The Imperial Skirt Manufacturing Company was a corporation organized under the general manufacturing act of 1848, and the acts amendatory thereof.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered -upon an order made March 4, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The Imperial Skirt Manufacturing Company was a corporation organized under the general manufacturing act of 1848, and the acts amendatory thereof. At various periods, during the year 1877, it made its four promissory notes, amounting in the aggregate-to the sum of $13,000, and delivered them to the plaintiff for value. At their maturity the…

1Opinion of the CourtEarl, J.

The trial judge found that there was no fraud or conspiracy, as alleged by the plaintiff in the second and third causes of action, and the findings against the plaintiff in reference to those causes of action being based upon sufficient evidence, and having been affirmed by the General Term, conclude us,.and we have no power to review or interfere with them. Our sole duty, therefore, is to determine whether the court below erred in reference to the first cause of action.

It is undisputed that the defendants, as trustees of the corporation, made, filed and published a report on the 18th of…

2Cases cited5 opinions

  1. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
  2. Wiles v. . SuydamNew York Court of Appeals · 1876
  3. Bonnell v. . GriswoldNew York Court of Appeals · 1880
  4. Brackett v. . GriswoldNew York Court of Appeals · 1886
  5. Pier v. . HanmoreNew York Court of Appeals · 1881

3Cited by16 opinions

  1. President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
  2. People v. DraperAppellate Division of the Supreme Court of the State of New York · 1915
  3. Northern Pac. Ry. Co. v. CrowellDistrict Court, D. New Jersey · 1917
  4. Gennert v. IvesMichigan Supreme Court · 1894
  5. Langdon v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API