Merchants' Bank of New Haven v. Bliss
New York Court of Appeals
This action is prosecuted against the defendants, for the purpose of charging them, as trustees of the Empire Stone Dressing Company, a corporation created in the State of Hew York, under the general act of 1848 for the formation of corporations for manufacturing, mining, mechanical or chemical purposes, for a debt due to the plaintiffs from the Empire Company; for the neglect of the defendants, as such trustees, to file and publish an annual report of the condition of the…
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This action is prosecuted against the defendants, for the purpose of charging them, as trustees of the Empire Stone Dressing Company, a corporation created in the State of Hew York, under the general act of 1848 for the formation of corporations for manufacturing, mining, mechanical or chemical purposes, for a debt due to the plaintiffs from the Empire Company; for the neglect of the defendants, as such trustees, to file and publish an annual report of the condition of the company, as required by the 12th section; and for declaring and paying dividends while the company was insolvent, or…
1Opinion of the CourtLeonard, J.
The cause of action in this case arose in 1854, so that the provisions of the Code of Procedure, and not those of the Revised Statutes, in respect to the limitations of actions, are applicable.
The plaintiffs insist that their cause of action is embraced in the second subdivision of section 91 of the Code, which prescribes the period of six years within which “ an action upon a liability created by statute, other than a penalty or forfeiture,” may be commenced.
The defendants claim that the shorter period of three years, prescribed by the second subdivision of section 92, for commencing “ an…
2Cited by79 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Flash v. ConnSupreme Court of the United States · 1883
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Veeder v. . BakerNew York Court of Appeals · 1880
- Chase v. CurtisSupreme Court of the United States · 1885
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