Nimmons v. Tappan
The Superior Court of New York City
The action was against the defendant, to enforce his joint and several liability as one of the trustees of the Montana Mill Company, a corporation formed under the laws of this State, arising from the omission of such company to file its annual report, pursuant to the provisions of the statute.
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The action was against the defendant, to enforce his joint and several liability as one of the trustees of the Montana Mill Company, a corporation formed under the laws of this State, arising from the omission of such company to file its annual report, pursuant to the provisions of the statute. The complaint alleged the formation of the company, and the making of their promissory note on the 27th of November, 1865 for the sum of $5,076.77, payable in sixty days, to the order of Samuel Lawrence, and by him indorsed to the plaintiffs. The complaint then alleged the recovery of a judgment upon…
1Opinion of the Court
By the Court:
Monell, J.
The objections to a recovery in this action may be disposed of nearly in the order they were stated.
First.—The pending of another action against this and other defendants, as trustees, to enforce their joint liability under the statute for falsely making, as was alleged, a certificate that all the capital of the company had been paid in, was not a defense io this action. The liability which was sought to be enforced in .the other action was for a different cause, and to recover a different penalty.
Second.—The authority of the treasurer of the company to make the note on…
2Cited by5 opinions
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- Cornell v. RoachNew York Supreme Court · 1881
- Kincaid v. DwinelleThe Superior Court of New York City · 1874
- Sanborn v. LeffertsNew York Court of Appeals · 1874