Kling v. Tobias

Appellate Division of the Supreme Court of New York

Kling v. Tobias

176 A.D. 947

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1917·Published

Opinion

— Judgment and order reversed, with costs, and complaint dismissed, with costs. Held, there is a failure of proof that the person served with notice under the Stock Corporation Law (§ 69) was the treasurer or financial officer of the corporation at the time of service of the notice. 2. The proof shows that the plaintiff was not a stockholder in the corporation. (See Hapgoods v. Lusch, No. 1, 123 App. Div. 23.) All concurred.

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— Judgment and order reversed, with costs, and complaint dismissed, with costs. Held, there is a failure of proof that the person served with notice under the Stock Corporation Law (§ 69) was the treasurer or financial officer of the corporation at the time of service of the notice. 2. The proof shows that the plaintiff was not a stockholder in the corporation. (See Hapgoods v. Lusch, No. 1, 123 App. Div. 23.) All concurred.

Kling v. Tobias, 176 A.D. 947 (N.Y. Ct. App. 1917).

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Opinion

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