Bruce v. . Platt
New York Court of Appeals
Appeal by defendants, Wesley and Platt, from judgment, so far as it affects them, of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
Read the full summary
Appeal by defendants, Wesley and Platt, from judgment, so far as it affects them, of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought under the general manufacturing act (§ 12, chap. 40, Laws of 1848) to recover from the defendants, alleged to be trustees of the New York Bcpublication Newspaper"Association, a corporation organized under said act, to recover the amount of a debt due from said corporation to plaintiffs,…
1Opinion of the CourtDaxfoetii, J.
It is settled by repeated decisions applicable to this case that the statute in question (Laws of 1848, chap. 40, § 12), is penal, and not to be extended by construction ; that in an action to enforce a liability thereby created, nothing can be presumed against the defendants but that every fact necessary to establish their liability, must be affirmatively proved. (Garrison v. Howe, 17 N. Y., 458; Miller v. White, 50 id., 137; Whitney Arms. Co v. Barlow, 63 N. Y., 62.)
In view of these rules it is claimed that many errors were committed upon the trial to the prejudice of the defendants, and…
2Cases cited7 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Garrison v. . HoweNew York Court of Appeals · 1858
- Jones v. . BarlowNew York Court of Appeals · 1875
- Losee v. . BullardNew York Court of Appeals · 1880
- Sebastian Bradt v. . Ephraim BenedictNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Chase v. CurtisSupreme Court of the United States · 1885
- Savage v. ShawMassachusetts Supreme Judicial Court · 1907
- Gans v. SwitzerMontana Supreme Court · 1890
- Kirkland v. . KilleNew York Court of Appeals · 1885
17 more not listed; retrieve them via the Exa API.