Legal Opinion

Goff v. Whitney

City of New York Municipal Court

Decided February 15, 1886Published

Trial by the court without a jury.

1Opinion of the Court

McAdam, Ch. J.

The action is brought to charge the defendant, as stockholder of a manufacturing company, with a debt of the corporation, because no certificate was filed proving the amount of capital fixed and paid in (2 R. S. 6 ed. 504, § 38, old § 10). The established rule of interpretation is to construe these statutes strictly (77 N. Y. 1). This mode of construction will, therefore, be followed. The lease is dated February 11, 1884, and the liability that ripened into a debt was contracted then (Cox v. Gould, 4 Blatchf. 341).

The defendant became a stockholder July 1, 1884. There are…

2Cases cited8 opinions

  1. Garrison v. . HoweNew York Court of Appeals · 1858
  2. Chase v. . LordNew York Court of Appeals · 1879
  3. Moss v. McCulloughNew York Supreme Court · 1849
  4. Tracy v. YatesNew York Supreme Court · 1854
  5. Lewis v. RyderNew York Court of Common Pleas · 1861

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