New York Court of Appeals

The Whitney Arms Company, Respondent v. Samuel L. M. Barlow, Appellants

October 8, 187563 N.Y. 62

Summary

The New York Court of Appeals reversed the judgment against the trustees, holding that the ambiguous annual report filed in 1872 satisfied the statutory reporting requirement and that the ultra vires defense was unavailable because the contract for railroad locks had been fully performed, allowing the plaintiff to recover the purchase price.