Appellate Division of the Supreme Court of the State of New York March 15, 1928 (Anhalt v. Stein)

Judgment and order reversed upon the law and a new trial granted, costs to appellants to abide the event, because of the court’s error in stating, in submitting the case to the jury, that “ the capitalization of a corporation includes not only the stock that has been actually issued and paid for, but also the stock that has been authorized in the proper manner and according to law, and which the