Legal Opinion

Bauer v. Platt

New York Supreme Court

Decided October 13, 1893PublishedCited by 10 opinions

Appeal from special term, Hew York county. Action by Louis Bauer 'against Thomas C. Platt, James S. Thurs-ton, and others to enforce defendants’ liability as directors of the American Loan & Trust Company. From an interlocutory judgment sustaining defendants’ demurrer to the complaint, plaintiff appeals.

1Opinion of the CourtParker, J.

The complaint alleges the organization as a domestic corporation of the American Loan & Trust Company; pleads the charter, which provides “that every director shall be personally liable for debts incurred by the corporation during his administration to an amount not exceeding $5,000;” avers that defendants, and none others, were the duly-qualified directors for the year 1890; the contracting of the debt by the company to plaintiff during that year; the demand for, and the refusal of payment; the commencement of actions against the company on such indebtedness; the recovery of five judgments…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Chapman v. . ForbesNew York Court of Appeals · 1890
  2. Garrison v. . HoweNew York Court of Appeals · 1858
  3. Pfohl v. . SimpsonNew York Court of Appeals · 1878
  4. Mickles v. Rochester City BankNew York Court of Chancery · 1844
  5. Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879

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3Cited by10 opinions

  1. Marsh v. . KayeNew York Court of Appeals · 1901
  2. State ex rel. Alaska Pacific Navigation Co. v. Superior CourtWashington Supreme Court · 1920
  3. O'Brien v. KursheedtNew York Supreme Court · 1894
  4. Shanks v. National Casket Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Bauer v. ParkerAppellate Division of the Supreme Court of the State of New York · 1903

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