57 N.Y.S. 572 | N.Y. App. Div. | 1899
The plaintiff was incorporated under the- General Manufacturing Act of 1848 (Chap. 40), for the purpose of making butter, cheese, concentrated or condensed milk, and other products of the farm or-dairy. The capital stock was fixed by the certificate of incorporation at. $6,000. The original by-laws of the company provided that each stockholder should furnish the plaintiff milk from as many cows as he-owned shares of stock in the association, at a price to be fixed by the board of trustees. In case of the failure or refusal of any stockholder to furnish such quantity of milk, the board was authorized to refuse to take any milk from him whatever. In the year 1896 the by-laws were amended so as to provide that each stockholder should furnish twenty pounds of milk per day for each share owned by-him, and that upon a failure to do so should pay the association one-eighth of a cent per pound for the amount of the deficiency. ' The defendant, a maiden lady, was neither the owner of a farm nor of a dairy. She was not an original subscriber to the corporation! but had acquired forty-five shares, of stock by purchase from other stockholders, which she continued to hold for the period of a year after the enactment of the new by-laws. She furnished no milk -to the plaintiff, and the action was brought to recover of her the prescribed penalty of .one-eighth of a cent per pound. She challenged the-validity of the by-law, but the tidal court- decided the; question against her, and from the judgment entered on that decision this anneal is taken.
But whatever view may be taken of the question which, we have
The judgment appealed from should be reversed and the complaint dismissed, with costs:
All concurred.
Judgment reversed and complaint dismissed, with costs.