Legal Opinion

Central City Savings Bank v. . Walker

New York Court of Appeals

Decided June 21, 1876PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendants, entered upon an order nonsuiting plaintiff on trial at Circuit.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendants, entered upon an order nonsuiting plaintiff on trial at Circuit. This action was brought against defendants, all of whom were stockholders and a portion trustees of the Utica Steam Woolen Company, to recover the amount of a promissory note executed by one Peter Clogher as agent of said company and in its name, it being alleged and claimed, in substance, that after the expiration of the company charter its trustees continued the business with the knowledge of the stockholders,…

1Opinion of the Court

The defendants are sought to be charged as makers of a promissory note, under the name of "The Utica Steam Woolen Company," a corporation whose charter had expired by its own limitation, and of which the defendants were stockholders. The corporation became such by filing a certificate pursuant to the act of 1811 relative to incorporations for manufacturing purposes, and the acts amendatory thereof, by the terms of which the corporate existence was limited to twenty years from the day of filing the certificate. (3 R.S. [Edmonds' ed.], 726.) The defendants served with process, became…

2Cases cited8 opinions

  1. Baldwin v. . BurrowsNew York Court of Appeals · 1872
  2. Mickles v. Rochester City BankNew York Court of Chancery · 1844
  3. Chase v. BarrettNew York Court of Chancery · 1833
  4. Fuller v. . RoweNew York Court of Appeals · 1874
  5. The Nat. Bk. of Watertown v. . LandonNew York Court of Appeals · 1871

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3Cited by28 opinions

  1. Thompson v. First Nat. Bank of ToledoSupreme Court of the United States · 1884
  2. Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
  3. American Salt Co. v. HeidenheimerTexas Supreme Court · 1891
  4. Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
  5. Elson v. WrightSupreme Court of Iowa · 1907

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