Phoenix Warehousing Co. v. . Badger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, modifying a judgment in favor of plaintiff entered upon the report of a referee, and affirming it as modified. (Reported below, 6 Hun, 293.) This action is brought to recover of the defendant an alleged unpaid balance of his subscription to the capital stock of the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, modifying a judgment in favor of plaintiff entered upon the report of a referee, and affirming it as modified. (Reported below, 6 Hun, 293.) This action is brought to recover of the defendant an alleged unpaid balance of his subscription to the capital stock of the plaintiff. The corporation was attempted to be created under the general law of 1848, authorizing the formation of corporations for manufacturing, mining, mechanical and chemical purposes. The certificate, under and by virtue of which…
1Opinion of the CourtBapallo, J.
The due incorporation of the plaintiff is expressly admitted by the answer. But were it' otherwise^ the defendant is not in a position to dispute the validity of the incorporation. He had become a stockholder, acted for several years as a trustee, taken part in its management and contracted with it as a corporation. (Eaton v. Aspinwall, 19 N. Y., 119; Buffalo, etc., R. R. Co. v. Cary, 26 id., 75 ; Aspinwall v. Sacchi, 57 id. 331; White v. Ross, 15 Abb. Pr., 66.)
The subscription by the defendant contained in the cer tificate of incorporation for 250 shares of the capital stock, was sufficient…
2Cases cited6 opinions
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Dayton v. . BorstNew York Court of Appeals · 1865
- White v. RossNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cravens v. Eagle Cotton Mills Co.Indiana Supreme Court · 1889
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Elderkin v. PetersonWashington Supreme Court · 1894
- Milwaukee Brick & Cement Co. v. SchoknechtWisconsin Supreme Court · 1901
- Geneva Mineral Spring Co. v. CourseyAppellate Division of the Supreme Court of the State of New York · 1899
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