United States Vinegar Co. v. Spamer — 22 N.Y.S. 410

Majority

p. 410

UNITED STATES VINEGAR CO. v. SPAMER.

(Supreme Court, General Term, First Department.

February 17, 1893.

Headnote

Exceptions from circuit court, New York county.

Action by the United States Vinegar Company, a foreign corporation, against Henry Spamer, to recover subscription to stock. Defendant moves to set aside the verdict for plaintiff by direction of the court, and to dismiss the complaint, on exceptions ordered to be heard in the first instance at general term. Exceptions overruled, and judgment for plaintiff.

Argued before VAN BRUNT, P. J., and O’BRIEN and PATTERSON, JJ.

Benno Loewy, for appellant.

Ten Eyck & Remington, (S. R. Ten Eyck, of counsel,) for respondent.

The question in this case, as to the liability of the defendant, is substantially the same as that discussed in the case of this plaintiff against Schlegel, ( 22 N. Y. Supp. 407 .) and decided at this term of the court. The exceptions are therefore overruled, and judgment for the plaintiff ordered on the verdict, with costs.