Legal Opinion

Westerfield v. Radde

New York Court of Common Pleas

Decided November 5, 1877PublishedCited by 9 opinions

Appeal by the defendants from a judgment in favor of plaintiffs, entered upon a decision of the general term of the Marine Court of the city of New York, affirming a judgment entered upon a verdict in that court at a trial term.

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Appeal by the defendants from a judgment in favor of plaintiffs, entered upon a decision of the general term of the Marine Court of the city of New York, affirming a judgment entered upon a verdict in that court at a trial term. The plaintiffs, Westerfield and others, brought this action against Radde and others, as trustees of the Paragon Match Company, a manufacturing corporation, organized under the general statute of this State .of 1848, to recover of them the price of merchandise, alleged in the complaint to have been sold and delivered by plaintiffs to that corporation, on the ground of…

1Opinion of the CourtRobinson, J.

Plaintiffs sued the appellants, Radde & Koehler, and two others, as trustees of a corporation formed under the general manufacturing act of 1848, known as “ The Paragon Match Company,” for goods sold and delivered that company between May 29th and June 27th, 1872, by reason of the alleged failure of the company to make and publish the report required by the 12th section of that act. The company was organized in April, 1872, with seven trustees, including the two defendants. The by-laws prescribed that no officer, trustee or employee should have power to *328incur an)-- debt unless authorized by…

2Cases cited1 opinion

  1. Bank of Orange v. BrownNew York Supreme Court · 1828

3Cited by9 opinions

  1. Parmelee v. Associated Physicians & SurgeonsNew York Court of Common Pleas · 1894
  2. Bohm v. V. Loewer's Gambrinus Brewery Co.New York Court of Common Pleas · 1890
  3. Rathburn v. SnowNew York Court of Common Pleas · 1889
  4. Morris v. Griffith & Wedge Co.U.S. Circuit Court for the District of Southern Ohio · 1895
  5. Parmlee v. Associated Physicians & SurgeonsNew York Court of Common Pleas · 1894

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