People v. North River Sugar Refining Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7,1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the trial court, and affirmed an order denying a motion for a new trial. This action was brought by the attorney-general to have the defendant “dissolved, its charter vacated and its corporate existence annulled.”
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7,1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the trial court, and affirmed an order denying a motion for a new trial. This action was brought by the attorney-general to have the defendant “dissolved, its charter vacated and its corporate existence annulled.” The complaint alleged, and it was found, that defendant is a corporation organized under the General Manufacturing Act; that it, together with other corporations…
1Opinion of the CourtFinch, J.
The judgment sought against the defendant is one of corporate death. The State, which created, asks us to-destroy; and the penalty invoked represents the extreme rigor of the law. Its infliction must rest upon grave cause, and be warranted by material misconduct. The life of a corporation is indeed less than that of the humblest citizen, and yet it envelopes great accumulations of property, moves and carries in large volume the business and enterprise of the people, and may not be destroyed without clear and abundant reason. That would be true even if the legislature should debate the…
2Cases cited3 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- New-York & Sharon Canal Co., & Sharon Canal Co. v. Fulton BankNew York Supreme Court · 1831
- Echeveria v. NairacU.S. Circuit Court for the District of Pennsylvania · 1801
3Cited by93 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- California v. American Stores Co.Supreme Court of the United States · 1990
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
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