Lang v. . Lutz
New York Court of Appeals
Appeal, by permission, from a judgment of. the Appellate Division of the Supreme Court in the fourth judicial department, entered August 7, 1903, which reversed a judgment of Special Term sustaining demurrers to the complaint and overruled such demurrers. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
Read the full summary
Appeal, by permission, from a judgment of. the Appellate Division of the Supreme Court in the fourth judicial department, entered August 7, 1903, which reversed a judgment of Special Term sustaining demurrers to the complaint and overruled such demurrers. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. If we assume that section 54 of chapter 688 of the Laws of 1892 governs this case then the action should have been in equity and all the creditors and stockholders made parties instead of a part of them. (Wellington v. C. C. & I.…
1Opinion of the CourtGray, J.
The plaintiff, being a creditor of the'Red Cross Drug Company, a domestic corporation, brought the action to enforce against certain of its stockholders their statutory liability for the indebtedness. The indebtedness arose upon an unpaid jmomissory note of the company, held by the plaintiff in November, 1900, and the complaint, after setting forth the particulars of the claim to be enforced, alleged that the authorized and outstanding capital stock of the drug company was of $60,000, par value, and that there remained unpaid thereon the sum of $40,000. It alleged that in March, 1902, and…
2Cases cited9 opinions
- Newton v. CommissionersSupreme Court of the United States · 1880
- Allen v. SewallNew York Supreme Court · 1829
- Rexford v. . KnightNew York Court of Appeals · 1854
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Mongeon v. . People of the State of N.Y.New York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- Bottlers Seal Co. v. RaineyNew York Court of Appeals · 1926
- In re the Estate of CohenNew York Surrogate's Court · 1933
- Ford v. ChaseAppellate Division of the Supreme Court of the State of New York · 1907
10 more not listed; retrieve them via the Exa API.