Legal Opinion

Farmers' & Merchants' State Bank v. Stringer

New York Supreme Court

Decided March 1, 1902Published

Action by the Farmers’ & Merchants’ State Bank of Oneida against Charles A. Stringer and others. Defendants move for an order to vacate the service of the summons, and for leave to withdraw the .notice of appearance.

1Opinion of the CourtForbes, J.

This is a motion to set aside a summons, which -was served on the defendant Stringer, without a complaint, on the 3d day of October, 1901; and for leave to withdraw his notice of .appearance. The action is based on the nonfiling of an annual report of the Oneida Silverware Manufacturing Company, Limited, a -corporation of which said Stringer was a director, and is to recover a penalty under the corporation law. Laws 1848, c. 40, § 12; Ripley v. McCann, 34 Hun, 112; Gadsen v. Woodward, 103 N. Y. 242, 8 N. E. 653; Bank v. Dillingham, 147 N. Y. 603, 609, 42 N. E. 338, 49 Am. St. Rep. 692. There…

2Cases cited11 opinions

  1. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  2. National Bank v. . DillinghamNew York Court of Appeals · 1895
  3. Reed v. . ChilsonNew York Court of Appeals · 1894
  4. Gadsden v. . WoodwardNew York Court of Appeals · 1886
  5. Woodruff v. AustinAppellate Terms of the Supreme Court of New York · 1896

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