Legal Opinion

City Investing Co. v. Gerken

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1922PublishedCited by 2 opinions

Appeal by the plaintiff, City Investing Company, from a judgment of the Supreme Court in favor of the defendants Gerken and others, entered in the office of the clerk of the county of New York on the 26th day of July, 1920, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits as to said defendants.

1Opinion of the Court

Smith, J.:

This action is brought by a creditor for judgment against certain persons who were directors of a corporation before voluntary dissolution, and after voluntary dissolution were liquidators under the statute. The plaintiff was the lessor of certain premises to the Waubun Company, the corporation in question, of which the defendants in this action were the directors and later trustees in dissolution; the lease which created the liability was made on August 19, 1907, for the term of ten years, begining on May 1, 1908; and until October 1, 1915, the Waubun Company and the trustees in…

2Cases cited2 opinions

  1. People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
  2. City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921

3Cited by2 opinions

  1. City Investing Co. v. GerkenNew York Supreme Court · 1923
  2. Goldberg v. HarwoodAppellate Division of the Supreme Court of the State of New York · 1995

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