Legal Opinion

Pollitz v. Wabash Railroad

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

Decided May 31, 1912PublishedCited by 7 opinions

Appeal by the defendants, The Wabash Railroad Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of January, 1912, upon the decision of the court rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrers to separate defenses set forth in the respective answers of the appellants.

1Opinion of the Court

Judgment affirmed, with costs, with leave to defendants to answer on payment of costs, on opinion of Bischoee, J., at Special Term.

Present — Ingraham, P. J., McLaughlin, Laughlin, Midler and Dowling, JJ,

*711The following is the opinion delivered at Special Term:

Bischoff, J.:

The plaintiff, a stockholder of the defendant, the Wabash Eailroad Company, attacks the validity of a plan for the issue of bonds and stock of the corporation in exchange for $30,000,000 of its debenture bonds outstanding. This plan, as alleged, provides for the exchange of $795 of new bonds, $580 preferred stock and $580…

2Cases cited4 opinions

  1. Pollitz v. . GouldNew York Court of Appeals · 1911
  2. Rice v. . RockefellerNew York Court of Appeals · 1892
  3. Ramsey v. Erie Railway Co.New York Supreme Court · 1870
  4. Pollitz v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1911

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. Steckler v. Pennroad Corp.Court of Appeals for the Third Circuit · 1943
  3. Pfeiffer v. BerkeNew York Supreme Court · 1953
  4. Dukas v. Davis Aircraft Products Co.New York Supreme Court · 1985
  5. Pollitz v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1915

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