Miller v. White
New York Supreme Court
Appeal from a judgment, and from an order denying a new trial. This action was brought by George W. Miller, plaintiff and appellant, against John P. White, Moores M. White, Warren Lazelle, and Samuel W. Torrey, defendants and respondents, to charge them as trustees of the Gutta Percha Manufacturing Coriipany, with a debt of the company, after judgment recovered against the company.
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Appeal from a judgment, and from an order denying a new trial. This action was brought by George W. Miller, plaintiff and appellant, against John P. White, Moores M. White, Warren Lazelle, and Samuel W. Torrey, defendants and respondents, to charge them as trustees of the Gutta Percha Manufacturing Coriipany, with a debt of the company, after judgment recovered against the company. The allegations of the complaint were as follows: “That the Gutta Percha Manufacturing Company are, and during the years 1864, 1865 and 1866 were, a corporation created by and under the laws of the State of New…
1Opinion of the Court
By the Court.*—Pratt, J.
The complaint in this action was dismissed at circuit on the ground that it did not contain facts sufficient to constitute a cause of action. A motion was made for a new trial upon the minutes, which was denied.
Judgment was thereupon entered dismissing the complaint, and the plaintiff appeals from the order denying a new trial, and from the judgment.
The complaint alleges “that on January 1, 1865, the said Grutta Percha Manufacturing Company were indebted unto the plaintiff. That an action to recover such indebtedness was commenced in the supreme court; summons served…
2Cases cited10 opinions
- Slee v. BloomCourt for the Trial of Impeachments and Correction of Errors · 1822
- Moss v. McCulloughNew York Supreme Court · 1849
- Strong v. WheatonNew York Supreme Court · 1861
- Belmont v. . ColemanNew York Court of Appeals · 1860
- Witherhead v. AllenNew York Court of Appeals · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hall v. SiegelNew York Supreme Court · 1872
- Vincent v. SandsThe Superior Court of New York City · 1871
- Read v. LambertNew York City Court · 1871
- Vincent v. SandsThe Superior Court of New York City · 1871