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

New York Court of Appeals·Decided October 2, 1900·Published·Cited by 3 cases

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.

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

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