Dutchess Cotton Manufactory v. Davis
New York Supreme Court
THIS was an action of assumpsit, brought to recover the amount of certain instalments payable by the defendant on ty shares subscribed by him in the stock’of The Dutchess Cotton Manufactory. The declaration contained five counts.
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THIS was an action of assumpsit, brought to recover the amount of certain instalments payable by the defendant on ty shares subscribed by him in the stock’of The Dutchess Cotton Manufactory. The declaration contained five counts. The first count stated that the defendant, on the 1st of February, V 3815, made a certain note- in writing, commonly called a promissory note, his own proper hand being thereto subscribed, bearing date, See., and then and there delivered the said note to the plaintiffs, and thereby promised to pay >he plaintiffs, by the name and description of The Dutchess Cotton…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. Since the decision of this court in the case of The Goshen Turnpike Co. v. Hurtin, (9 Johns. Rep. 217.) the question whether an action will lie at all upon a promise by a stockholder, in a corporation like the present, to pay his instalments, ought to be-considered at rest, at least in this court. We then took occasion to notice the decision of the court of errors in the case of The Union Turnpike Co. v. Jenkins, (1 Caines’ Cases in Error, 86.,) and concluded that, although one of the members of the court, in deliver!^ his opinion, thought…
2Cases cited1 opinion
- President of the Bank of United States v. HaskinsNew York Supreme Court · 1799
3Cited by48 opinions
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- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- Le Roy v. BeardSupreme Court of the United States · 1850
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