Conklin v. Furman
New York Supreme Court
Appeal from a judgment. This action was brought by Henry Conklin, against William H. Furman and thirteen others, to recover against the defendants as stockholders of the Newtown and North Hempstead Plankroad Company.
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Appeal from a judgment. This action was brought by Henry Conklin, against William H. Furman and thirteen others, to recover against the defendants as stockholders of the Newtown and North Hempstead Plankroad Company. The indebtedness was accrued against the company on the first day of January, 1855. An action was commenced against the company, William H. Furman and others, stockholders, being joined as defendants, on the first of June, 1855 ; but the action was for some cause not appearing on the record, dismissed as to the individual defendants, and judgment was recovered against the company…
1Opinion of the CourtIngraham, J.
Two questions are raised in this case.
I. Whether proof of the judgment was sufficient evidence of the indebtedness of the company to charge a stockholder ?
II. Whether the statute of limitations barred the action ?
1. "Upon the trial of the cause the plaintiff introduced in evidence the judgment and execution recovered against the company, and rested.
The defendants moved for a nonsuit on the ground *163that no debt had been proved against the company, and that the plaintiff’s claim was barred by the statute.
■-i The court denied the motion, and defendant excepted.
The act under which the liability is…
2Cases cited5 opinions
- Belmont v. . ColemanNew York Court of Appeals · 1860
- McHarg v. EastmanThe Superior Court of New York City · 1867
- Witherhead v. AllenNew York Court of Appeals · 1867
- French v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1822
- Witherhead v. AllenNew York Supreme Court · 1859
3Cited by2 opinions
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Hanson v. DonkersleyMichigan Supreme Court · 1877