Milsom Rendering & Fertilizer Co. v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, the Milsom Rendering and Fertilizer Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 7th day of November, 1896, upon the decision of the court rendered after a trial at the Erie Special Term sustaining the defendant’s demurrer to its complaint, with notice of an intention to bring up for review upon such appeal the order or decision entered in said…
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Appeal hy the plaintiff, the Milsom Rendering and Fertilizer Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 7th day of November, 1896, upon the decision of the court rendered after a trial at the Erie Special Term sustaining the defendant’s demurrer to its complaint, with notice of an intention to bring up for review upon such appeal the order or decision entered in said clerk’s office on the 7th day of November, 1896, upon which said judgment was entered.
1Opinion of the Court
Adams, J.:
The plaintiff brings this action to recover of the defendant, who-is a director of a corporation known'as the “R. W. Bell Manufacturing Company,” the remedy imposed by section 30 of the “ Stock Corporation Law ” (Laws of 1892, chap. 688) for omitting to file the annual-report required by that section.
The complaint contains appropriate ■ allegations of the incorpora- ' tion of the company, its indebtedness to the plaintiff, the failure of its directors to file the annual report in the year 1893, and the existence or contraction of the debt in question, after . default made in…
2Cases cited9 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Miller v. . WhiteNew York Court of Appeals · 1872
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Carr v. . RischerNew York Court of Appeals · 1890
- Stone v. ChisolmSupreme Court of the United States · 1885
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3Cited by4 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Thompson v. NicolaiNew York Supreme Court · 1897
- Thompson v. NicolaiNew York Supreme Court · 1897
- Thompson v. NicolaiNew York Supreme Court · 1897