Adams v. Mills
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Bew York, affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of Bew York, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought against defendant as trustee of the Hilliard & Adams Manufacturing Company, a corporation organized under the general manufacturing act (chap. 40, Laws of 1848), because of a failure to file the annual report required by said act (§ 12). The referee found, among other things, that plaintiff, having some money in her own name, intrusted the same to her husband, Charles S. Adams, who was the secretary of…
1Opinion of the CourtMiller, J.
The plaintiff claims to recover of the defendant, as trustee of a manufacturing company, for a failure of *536the company to make and file a report, as required by section 12, chapter 40, Session Laws of 1848. The law in question is of a highly penal character, and in case of failure to comply with its requirements the trustees are made “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.”
The statute in question was, no doubt, intended to include all ordinary debts which might be contracted in the…
2Cases cited2 opinions
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- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- State ex rel. Attorney General v. MooresNebraska Supreme Court · 1898
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