Perkins v. Church
New York Supreme Court
DEMURRER to complaint, The complaint alleged that the plaintiffs were copartners under the firm name of Dennis Perkins & Co. at the city of New York, in the business of commission merchants and factors.
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DEMURRER to complaint, The complaint alleged that the plaintiffs were copartners under the firm name of Dennis Perkins & Co. at the city of New York, in the business of commission merchants and factors. That the Merchants’ Bank was a banking corporation located at Madison in the state of Wisconsin, and incorporated under the laws of that state, pursuant to the provisions of “ An act to authorize the business of banking in the state of Wisconsin,” approved April 19, 1852. That between the 4th of April, 1857, and the 22d of'°March, 1858, inclusive, the plaintiffs, at the city of New York, lent…
1Opinion of the CourtIngraham, J.
Whatever may be the result of this case, on the trial, I am satisfied the defendant cannot avail himself of the matters of defense set up b.y him on this demurrer.
1. In order to sue a stockholder of an incorporated company, it is not necessary to aver that the corporation was insolvent, except in those cases in "Which the charter places the liability subject to the existence of such insolvency, or requires the creditor to exhaust his remedy against the corporation before proceeding against the stockholder. ■ In other cases, when a debt is unpaid at maturity, there is nothing to prevent the…
2Cited by9 opinions
- Pugh v. HurttNew York Supreme Court · 1875
- Spence v. ShapardSupreme Court of Alabama · 1877
- American Spirits Manufacturing Co. v. EldridgeMassachusetts Supreme Judicial Court · 1911
- Winter v. BakerNew York Supreme Court · 1867
- Erickson v. NesmithMassachusetts Supreme Judicial Court · 1862
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