Gause v. . Boldt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1906, which affirmed a judgment of Special Term sustaining demurrers to the complaint in an action to establish a claim against the Commonwealth Trust Company and to enforce the statutory liability of its stockholders therefor.
1Opinion of the Court
Per Gurimn.
The trust company not having been dissolved and being subject to suit it was necessary for the plaintiff; to obtain a judgment • upon his olaim against it before bringing an action against its stockholders to enforce any liability on account of such claim. (Banking Law, § 162.) We do not deem it necessary or expedient at this time to express any opinion upon the effect of the other requirements of said statute which have been more or less discussed by counsel. '
The judgment should be affirmed, with costs.
Cullen, Ch. J., Edwabd T. Babtlett, Haight,. Yann, Weeneb, Willaed Babtlett…
2Cited by5 opinions
- Cole v. Associated Construction Co.Supreme Court of Connecticut · 1954
- Cheney v. ScharmannAppellate Division of the Supreme Court of the State of New York · 1911
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1967
- Ming v. SimpkinsNew York Supreme Court · 1968
- Firestone Tire & Rubber Co. v. AgnewAppellate Division of the Supreme Court of the State of New York · 1908