Legal Opinion

Worrall v. Judson

New York Supreme Court

Decided January 15, 1849PublishedCited by 7 opinions

This was an action of assumpsit brought against the defendant as a stockholder of the Rossie Galena Company, to recover from him the amount of a judgment against the company, in favor of the plaintiffs, for goods sold and delivered to the company while the defendant was a stockholder.

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This was an action of assumpsit brought against the defendant as a stockholder of the Rossie Galena Company, to recover from him the amount of a judgment against the company, in favor of the plaintiffs, for goods sold and delivered to the company while the defendant was a stockholder. The jury found a special verdict, stating, among other things, that at the organization of the Rossie Galena Company, the defendant was the owner of twenty shares of the stock of the company, which stood in his name upon the books of the company, and he continued to be such owner until the 10th of May, 1838,…

1Opinion of the Court

By the Court, Edwards, J.

It appears by the special verdict in this case, that the defendant was one of the original stockholders of the Rossie Galena Company, and that at the time the goods, to recover the price of which this suit is brought, were sold to the company, there had been no transfer on its books of the stock which had been owned by him; although he had, in fact, sold it, and had transferred his certificate of stock, with his name endorsed upon it in blank. Upon this state of facts the question arises, whether he is liable as a stockholder, under the act of incorporation of the…

2Cases cited2 opinions

  1. Allen v. SewallNew York Supreme Court · 1829
  2. Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838

3Cited by7 opinions

  1. Magruder v. ColstonCourt of Appeals of Maryland · 1876
  2. Branson v. Oregonian Railway Co.Oregon Supreme Court · 1883
  3. Upton v. BurnhamDistrict Court, N.D. Illinois · 1873
  4. Burr v. WilcoxThe Superior Court of New York City · 1860
  5. Chemical National Bank v. ColwellNew York Court of Appeals · 1892

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