MacAffer v. Boston & Maine Railroad

New York Court of Appeals

MacAffer v. Boston & Maine Railroad

197 N.E. 331, 268 N.Y. 408, 1935 N.Y. LEXIS 954

CourtNew York Court of Appeals

DecidedJuly 11, 1935

StatusPublished

Cited by1 cases

This text of 197 N.E. 331 (MacAffer v. Boston & Maine Railroad) 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.

Bluebook

MacAffer v. Boston & Maine Railroad, 197 N.E. 331, 268 N.Y. 408, 1935 N.Y. LEXIS 954 (N.Y. 1935).

Pincite

Opinion

Per Curiam.

The adjudication that Mechanicville and Fort Edward Railroad Company had not legal capacity to sue made in the ejectment action of 1916 is binding and conclusive. Section 29 of the General Corporation Law (Cons. Laws, ch. 23; Laws of 1932, ch. 552) does not apply to a railroad corporation whose “ corporate powers had ceased ” even before dissolution.

The order of the Appellate Division and that of the Special Term should be reversed, with costs in this court and in the Appellate Division, and the motion to dismiss granted.

The first certified question should be answered in the affirmative and the other question not answered.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur.

Ordered accordingly.

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