Legal Opinion
Herbert v. Duryea
New York Supreme Court
Decided May 17, 1895PublishedCited by 5 opinions
Appeal from circuit court, New York county. Action by Henry L. Herbert and others against John Duryea to charge defendant as a stockholder of the Consumers’ Gas Company, an insolvent corporation. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
This is an action against a stockholder of an insolvent corporation, based upon an alleged statutory liability for the debt of the corporation to the plaintiffs. The respect in which the corporation failed to comply with the statute, and out of which plaintiffs’ cause of action arose, is thus stated:
*1032“Upon information and belief that the whole amount of capital stock fixed and limited by such company has never been paid in, and that no proper certificate stating the amount of the capital so fixed has ever been recorded in the office of the county clerk of the county wherein the business of…
2Cases cited2 opinions
- Rowell v. LambertNew York Supreme Court · 1892
- Herbert v. UhlNew York Supreme Court · 1892
3Cited by5 opinions
- Pacific Bridge Co. v. Oregon Hassam Co.Oregon Supreme Court · 1913
- Castner v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1897
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Gastner v. DuryeaNew York Supreme Court · 1895