Vincent v. Sands
The Superior Court of New York City
This action was brought by the plaintiff, a judgment creditor of the New York and Galena Lead Mining Company, a corporation organized under the act of 1848, to charge the defendant, as a trustee of said company, with the payment of the debt, upon the ground that no annual report had been filed as required by law.
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This action was brought by the plaintiff, a judgment creditor of the New York and Galena Lead Mining Company, a corporation organized under the act of 1848, to charge the defendant, as a trustee of said company, with the payment of the debt, upon the ground that no annual report had been filed as required by law. The claim of the plaintiff was for services rendered to the company between the 1st of March, 1865, and the 1st of July, 1867, and the judgment recovered by him amounted to four thousand four hundred and 'twenty-seven dollars and eighty cents. The defendant, by his answer,…
1Opinion of the Court
By the Court. — Freedman, J.
— The statute under which this action is brought requires every company organized under its provisions to make, publish, and file annually, within twenty days from the first of January, a report of its condition, which report shall be signed by the president and a majority of the trustees, and shall be verified by the oath of the president or secretary of said company. And it is further provided that if any of said companies shall fail so to do, all the trustees of the company shall be jointly and severally liable for all the debts of the company then existing, and…
2Cases cited8 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Boughton v. . OtisNew York Court of Appeals · 1860
- Shaler and Hall Quarry Company v. . BlissNew York Court of Appeals · 1863
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