The Mosler Safe Company v. . Guardian Trust Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1912, modifying and affirming as modified a final judgment entered upon the report of a referee appointed pursuant to an interlocutory judgment-entered in favor of plaintiff upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1912, modifying and affirming as modified a final judgment entered upon the report of a referee appointed pursuant to an interlocutory judgment-entered in favor of plaintiff upon a decision of the court on trial at Special Term. The action is brought to enforce the personal liability of the stockholders of the Maiden Lane Safe Deposit Company under section 303 of the Banking Law (Cons. Laws, ch. 2). That section reads as follows: “ The stockholders of every such…
1Per curiam
If we should attempt to discuss at length all the arguments set forth in the eleven briefs submitted to us, some of which are quite voluminous, the effort would serve to confuse rather than to clarify the questions which, in the light of what has already been written, may now be most simply stated in the form of definite conclusions without the reasons upon which they are based. Tacita qucedam habentur pro expressis.
1. The plaintiff, the Mosler Safe Company, is the only creditor of the Safe Deposit Company shown to he entitled to maintain an action to enforce the liability of the stockholders…
2Cases cited5 opinions
- Wheeler v. . MillarNew York Court of Appeals · 1882
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Mathez v. . NeidigNew York Court of Appeals · 1878
- Farnsworth v. . WoodNew York Court of Appeals · 1883
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by20 opinions
- Isaac v. MarcusNew York Court of Appeals · 1932
- Duke v. ForceWashington Supreme Court · 1922
- Hospelhorn v. PoeCourt of Appeals of Maryland · 1938
- Broderick v. AdamsonNew York Supreme Court · 1933
- Broderick v. AaronNew York Supreme Court · 1934
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