Legal Opinion

Delavan v. New York, New Haven & Hartford Railroad

New York Court of Appeals

Decided December 7, 1915PublishedCited by 7 opinions

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.

1Opinion of the CourtPound, J.

The plaintiffs are minority stockholders in the Rutland Railroad Company. The New York Central and Hudson River Railroad Company owned 66,981 shares in the same corporation, constituting a majority of the capital stock. It sold and tranferred 23,033% shares, being one-half of a controlling interest, to the New York, New Haven and Hartford Railroad Company for about $105 a share; and in November, 1911, it agreed to sell to the New Haven 23,033% shares more. The complaint attacks this sale and proposed sale as illegal on the ground that they are in furtherance of a conspiracy in *360restraint of…

2Cases cited3 opinions

  1. D. R. Wilder Manufacturing Co. v. Corn Products Refining Co.Supreme Court of the United States · 1915
  2. Matter of NortonNew York Court of Appeals · 1899
  3. Delavan v. New York, New Heaven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by7 opinions

  1. Venner v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re an Application for the Certification of CoatesAppellate Division of the Supreme Court of the State of New York · 1959
  3. Tserpes v. Attorney-General of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
  4. MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
  5. MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997

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