Thistle v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal.by the plaintiff, Boyd Thistle,.from a judgment .of the .County Court of Kings county in favor of the defendant, entered in the office of the clerk of said county on the 8th day of December, 1906, upon the dismissal of the. complaint by direction of the court, with notice of an intention to bring up for review upon su'ch appeal an interlocutory judgment entered in said .clerk’s office on the 23d day of November, 1904, Overruling the plaintiff’s demurrer to a defense…
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Appeal.by the plaintiff, Boyd Thistle,.from a judgment .of the .County Court of Kings county in favor of the defendant, entered in the office of the clerk of said county on the 8th day of December, 1906, upon the dismissal of the. complaint by direction of the court, with notice of an intention to bring up for review upon su'ch appeal an interlocutory judgment entered in said .clerk’s office on the 23d day of November, 1904, Overruling the plaintiff’s demurrer to a defense in the answer.
1Opinion of the Court
Jenks, J.:
This is an action against directors of a membership corporation upon an alleged debt of the corporation contracted while they were directors and payable within one year or less from the date it was contracted. (Mem. Corp. Law [Laws of 1895 chap. 559], § 11, as amd. by Laws of 1899, chap. 29.2‘.) Issue was joined, whereupon the plaintiff demurred to the separate defense as insufficient in law upon the face thereof. Ah interlocutory judgment overruling the demurrer was entered. At the trial the defendant moved for judgment on the pleadings upon the ground, among others, that neither…
2Cases cited9 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Hardman v. . SageNew York Court of Appeals · 1891
- National Contracting Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Providence Steam & Gas Pipe Co. v. ConnellNew York Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hull v. . HullNew York Court of Appeals · 1919
- Bottlers Seal Co. v. . RaineyNew York Court of Appeals · 1919
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911
- Risdon Iron & Locomotive Works v. Von StorchU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Asphalt Construction Co. v. BoukerAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.