Gilbert v. . Ackerman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made October 21, 1898, reversing an interlocutory judgment overruling a demurrer to the fourth defense contained in the answer, and sustaining the demurrer. The nature of the action, the facts, so far as material, and the question certified for review are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made October 21, 1898, reversing an interlocutory judgment overruling a demurrer to the fourth defense contained in the answer, and sustaining the demurrer. The nature of the action, the facts, so far as material, and the question certified for review are stated in the opinion. Chapter 281 of the Laws of 1897, reducing the statutory limitation to three years within which actions must be commenced against directors of a moneyed corporation, is constitutional. (Terry v.…
1Opinion of the CourtGray, J.
The plaintiff became the receiver of the Commercial Alliance Life Insurance Company, in proceedings instituted to dissolve the corporation upon the ground of its insolvency. He commenced this action against the defendants to recover moneys alleged to have been misapplied, or wasted, by them while directors of the company. Among other defenses interposed by the answer of the defendant, who is appellant here, to the demand of the plaintiff, was this, viz.: that the cause of action did not accrue within three years before the commencement of the action. To that defense the plaintiff demurred as…
2Cases cited7 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Price v. HopkinMichigan Supreme Court · 1865
- Rexford v. . KnightNew York Court of Appeals · 1854
- Hart v. BostwickSupreme Court of Florida · 1872
- Duncan v. CobbSupreme Court of Minnesota · 1884
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