Kirkland v. . Kille
New York Court of Appeals
These are cross-appeals from judgment of the General Term of the-Supreme Court, in the first judicial department, entered upon an order made January 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict which was rendered pursuant to directions of the court.
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These are cross-appeals from judgment of the General Term of the-Supreme Court, in the first judicial department, entered upon an order made January 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict which was rendered pursuant to directions of the court. This action was brought by plaintiff, an alleged creditor of the Globe Smelting Company, a corporation organized under the General Manufacturing Act, to recover against defendants, trustees of the company, the amount of the debt, because of failure on their part to make and file the annual report required by…
1Opinion of the CourtDanforth, J.
The plaintiff proved that the bonds in question were part of a series of first mortgage bonds issued by the Globe Smelting Company, and authorized by its trustees for the sole purpose “ of borrowing money in order to successfully conduct the business for which it was incorporated.” It appeared that the bonds were to the plaintiff’s knowledge diverted from the purpose for which they were intended, and for that reason the court below denied a recovery according to the prayer of the complaint, but against the objection of the defendant directed a verdict in favor of the plaintiff for $1,500 and…
2Cases cited2 opinions
- Bruce v. . PlattNew York Court of Appeals · 1880
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
3Cited by16 opinions
- Gans v. SwitzerMontana Supreme Court · 1890
- Moag v. StateIndiana Supreme Court · 1941
- State v. TrookIndiana Supreme Court · 1909
- Emery v. De PeysterAppellate Division of the Supreme Court of the State of New York · 1902
- First National Bank v. LamonNew York Court of Appeals · 1891
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