Buker v. . Leighton Lea Association

New York Court of Appeals

Buker v. . Leighton Lea Association

58 N.E. 1085, 164 N.Y. 557, 2 Bedell 557, 1900 N.Y. LEXIS 922

CourtNew York Court of Appeals

DecidedOctober 2, 1900

StatusPublished

Cited by3 cases

This text of 58 N.E. 1085 (Buker v. . Leighton Lea Association) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buker v. . Leighton Lea Association, 58 N.E. 1085, 164 N.Y. 557, 2 Bedell 557, 1900 N.Y. LEXIS 922 (N.Y. 1900).

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Opinion

Judgment reversed and new trial granted, costs to • abide the event; no opinion.

' Parker, Ch. J., O’Brien, Martin and Landon, JJ., concur in reversal upon opinion of Follett, J., in court below. O’Brien and Landon, JJ., think that the evidence does not support the finding that the first articles of association of the defendant were amended, and therefore that the acts of the defendant, under the assumed amendment, purporting to forfeit the stock of the plaintiffs were invalid, and that equity requires defendant to reimburse the plaintiffs the amount of their respective payments upon the shares of stock subscribed for by them.

G-ray, J., dissents; Haight, J., not voting, and Werner, J., not sitting.

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Judgment reversed and new trial granted, costs to • abide the event; no opinion.

' Parker, Ch. J., O’Brien, Martin and Landon, JJ., concur in reversal upon opinion of Follett, J., in court below. O’Brien and Landon, JJ., think that the evidence does not support the finding that the first articles of association of the defendant were amended, and therefore that the acts of the defendant, under the assumed amendment, purporting to forfeit the stock of the plaintiffs were invalid, and that equity requires defendant to reimburse the plaintiffs the amount of their respective payments upon the shares of stock subscribed for by them.

G-ray, J., dissents; Haight, J., not voting, and Werner, J., not sitting.

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Bluebook (online)

58 N.E. 1085, 164 N.Y. 557, 2 Bedell 557, 1900 N.Y. LEXIS 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buker-v-leighton-lea-association-ny-1900.

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