New York Court of Appeals

James N. Richards, Respondent v. Ernst Wiener Company, Appellant

December 31, 1912207 N.Y. 59

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the corporation bore the burden of proving it had no surplus profits to purchase its own stock and failed to meet that burden, rendering the contract enforceable. The court also held that the contract was a conditional sale, not an illegal purchase prohibited by Penal Law §664.