Jacobus v. American Mineral Water Machine Co.
This text of 73 N.Y.S. 289 (Jacobus v. American Mineral Water Machine Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Instead of appealing, the plaintiff might have had the disputed questions of fact tried at the special term, the case having been reached on the November calendar. Where, as here, the facts are in dispute, and grave charges of fraud, wrongdoing, and bad faith on the part of the directors are -involved, those questions should not be disposed of on affidavits, when an opportunity has been given to have them determined at the special term after a trial.
The order should be affirmed, with $io costs and disbursements.
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Cite This Page — Counsel Stack
73 N.Y.S. 289, 67 A.D. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobus-v-american-mineral-water-machine-co-nyappdiv-1901.