Legal Opinion

Boughton v. . Otis

New York Court of Appeals

Decided March 5, 1860PublishedCited by 32 opinions

Appeal from the Supreme Court. Action against the trustees of the Rochester Novelty Works, a manufacturing corporation organized under the general act (ch. 40 of 1848). The complaint showed that Boody, Bitter and Huntington, were trustees of the corporation from January 1,1857, to some time in March. From and after that time Boody, Otis and Palmer became and continued trustees until December following.

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Appeal from the Supreme Court. Action against the trustees of the Rochester Novelty Works, a manufacturing corporation organized under the general act (ch. 40 of 1848). The complaint showed that Boody, Bitter and Huntington, were trustees of the corporation from January 1,1857, to some time in March. From and after that time Boody, Otis and Palmer became and continued trustees until December following. The trustees did not, within twenty days after the 1st of January, 1857, or at any time since, file and publish the statement or report required by the 12th section of the act. The corporation…

1Opinion of the Court

The general act under which "The Rochester Novelty Works" was incorporated, declares that the companies organized according to its provisions, shall, annually, within twenty days from the 1st day of January, make a report stating the amount of the capital stock, the proportion actually paid in, and the amount of existing debts; and that if any company shall fail to do so, "all the trustees of the company shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such report shall be made." (Laws of 1848, p. 57, § 12.)…

2Cited by32 opinions

  1. Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
  2. Steam-Engine Co. v. HubbardSupreme Court of the United States · 1879
  3. Breitung v. LindauerMichigan Supreme Court · 1877
  4. President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
  5. First National Bank v. PriceCourt of Appeals of Maryland · 1871

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