State Bank of Rock Valley v. Andrews
City of New York Municipal Court
Appeal from special term. Action by the State Bank of Rock Valley against Wallace C. Andrews. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
Ehrlich, O. J.
The facts alleged are admitted by the demurrer, and, under the liability there charged, “every director shall be personally liable for all debts incurred by the corporation, etc., to an amount not exceeding $5,000.” Under this provision, the director becomes an original debtor, under a contract liability. Coring v. McCullough, 1 N. Y. 47, 61; Harger v. Same, 2 Denio, 119; Moss v. Same, 7 Barb. 279, 295; Wiles v. Suydam, 64 N. Y. 173; Bank v. Bliss, 35 N. Y. 414. Effort to collect from the company is not a condition precedent. Miller v. White, 50 N. Y. 141; Rorke v. Thomas, 56 N.…
2Cases cited11 opinions
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Miller v. . WhiteNew York Court of Appeals · 1872
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
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3Cited by1 opinion
- Kugelman v. HirschmanCity of New York Municipal Court · 1898