Van Tuyl v. Schwab
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George 0. Van Tuyl, Jr., as Superintendent of Banks, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of February, 1916, granting the motion of the respondents to strike the case from the Special Term calendar.
1Opinion of the Court
Smith, J.:
The plaintiff as Superintendent of Banks of the State of New York is here suing the stockholders of the Carnegie Trust Company to enforce their liability under section 196 of the Banking Law as stockholders for the debts of the corporation in excess of its assets, to an amount equal to the par value of the respective shares of stock held in such corporation at the time of the default.
*671The complaint alleges that the plaintiff took possession of the property of the company on January 7, 1911; that the net assets did not exceed $2,400,000, while the allowed claims amounted to…
2Cases cited4 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Leggett v. DuboisNew York Court of Chancery · 1830
- Lemon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Broderick v. AdamsonNew York Supreme Court · 1933
- Davis v. JohnsonNorth Dakota Supreme Court · 1918
- Broderick v. Betco Corp.New York Supreme Court · 1933
- Richards v. ScharmannNew York Supreme Court · 1916
- Skinner v. SchwabAppellate Division of the Supreme Court of the State of New York · 1919
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