Calkins v. Atkinson
New York Supreme Court
Appeal from an order at Special Term, dissolving a preliminary injunction restraining the defendant, The Manliattan Oil Company, as creditor of a corporation known as “The North American Lloyd,” from commencing, continuing or proceeding in any action or proceeding against any of the stockholders of the corporation, to charge them as individually responsible for the debts of the corporation.
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Appeal from an order at Special Term, dissolving a preliminary injunction restraining the defendant, The Manliattan Oil Company, as creditor of a corporation known as “The North American Lloyd,” from commencing, continuing or proceeding in any action or proceeding against any of the stockholders of the corporation, to charge them as individually responsible for the debts of the corporation. The stockholders of corporations, incorporated pursuant to “An act for the incorporation of companies formed to navigate the ocean by steamships ” (Laws 1852, page 802), are jointly and severally liable…
1Opinion of the CourtIngraham, P. J.
The plaintiff, as receiver of the North American Lloyd, seeks to recover from the defendants, as stockholders of the company, the amounts they are respectively liable for as stockholders, and for this purpose has made the creditors and stockholders parties, and obtained an injunction restraining the creditors from prosecuting the stockholders, and restraining the stockholders from paying any debts of the corporation.
Subsequently, on motion, the .injunction was dissolved as to the Manhattan Oil Company, and from that order the plaintiff appeals.
I have much hesitation as to maintaining this…
2Cases cited2 opinions
- Story v. . FurmanNew York Court of Appeals · 1862
- Rankine v. . ElliottNew York Court of Appeals · 1857
3Cited by2 opinions
- Hetzel v. Tannehill Silver Mining Co.New York Court of Common Pleas · 1877
- Mason v. New York Silk Manufacturing Co.New York Supreme Court · 1882