Legal Opinion

Winthrop Press v. Perkins

New York Supreme Court

Decided June 15, 1905Published

Action to enforce personal liability of defendants, as directors of the University Press, a corporation, for failure to file an annual report for the year 1897 in accordance with section 30 of the Stock Corporation. "Law, as then applicable.

1Opinion of the CourtBischoff, J.

The report filed by the defendants, the sufficiency of which for the purposes of compliance with the statute is brought into question in this action, was as follows:

“Annual Repoet of Univeesity Peess Company.
“ We, the undersigned, a majority of the directors of the University Press Company, do hereby make the following report:
“ The Capital Stock of this Company is Fifty Thousand dollars. The proportion of its capital stock actually issued is 30980 dollars.
“ The existing debts of the Company do not now exceed 2000.00 - - dollars Two thousand^ dollars.
*461“ The assets of the Company at least equal…

2Cases cited4 opinions

  1. President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
  2. American Grocery Co. v. PrattAppellate Division of the Supreme Court of the State of New York · 1899
  3. Lilienthal v. BetzAppellate Division of the Supreme Court of the State of New York · 1901
  4. Western National Bank v. FaberNew York Supreme Court · 1899

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