Merchants' Bank of New Haven v. Bliss
The Superior Court of New York City
Appeal from an order sustaining a demurrer. This action was brought to charge the defendants, as trustees of the Empire Stone Dressing Company,—a corporation organized under the general manufacturing law of this State,—with personal liability for an acceptance of such company, hearing date, April 4th, 1854, and payable sixty days from date $ on the grounds: I. That the annual report required by the twelfth section of the General Manufacturing Act, was not filed by said…
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Appeal from an order sustaining a demurrer. This action was brought to charge the defendants, as trustees of the Empire Stone Dressing Company,—a corporation organized under the general manufacturing law of this State,—with personal liability for an acceptance of such company, hearing date, April 4th, 1854, and payable sixty days from date $ on the grounds: I. That the annual report required by the twelfth section of the General Manufacturing Act, was not filed by said company within twenty days from the first day of January, 1854, nor until after said draft was accepted. II. That the annual…
1Opinion of the Court
By the Court.*— Robertson, J.
—Either this action is founded *234upon a statute, and brought for a penalty or forfeiture by the aggi’ieved party, within the meaning of the second subdivision of section 92 of the Code, or the subject of it is a liability created by statute other than a penalty or forfeiture, or a contract obligation or liability expressed or implied, under section 91 of the Code. If it be the first, it could only have been brought within three years after the cause of action accrued.
If the liability of the defendants were of common-law origin, and only aided or modified, not…
2Cases cited3 opinions
- In re BrownNew York Supreme Court · 1839
- Hook v. WhitlockNew York Court of Chancery · 1831
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- McHarg v. EastmanThe Superior Court of New York City · 1867
- Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
- Dabney v. StevensThe Superior Court of New York City · 1870
- Vincent v. SandsThe Superior Court of New York City · 1871
- Bird v. HaydenThe Superior Court of New York City · 1863
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