Corning & Horner v. McCullough
New York Court of Appeals
Demurrer to plea. Corning and Horner sued McCullough in -assumpsit under the provisions of the act incorporating the Rossie Galena Company. ' (Stat. of 1837, p. 445.) The 9th section of that act provides, that the stockholders of the corporation shall be jointly and severally personally liable for the payment of all debts and demands contracted by the-corporation, and that any person having any demand against such corporation, may sue any stockholder or director in any Court…
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Demurrer to plea. Corning and Horner sued McCullough in -assumpsit under the provisions of the act incorporating the Rossie Galena Company. ' (Stat. of 1837, p. 445.) The 9th section of that act provides, that the stockholders of the corporation shall be jointly and severally personally liable for the payment of all debts and demands contracted by the-corporation, and that any person having any demand against such corporation, may sue any stockholder or director in any Court having cognizance thereof, and recover the same with costs. The 10th section provides, that before any such suit shall…
1Opinion of the CourtJones, J.
Corning and Horner, the plaintiffs in error, made a sale of merchandize to the Rossie Galena Company, wherein the defendant in error was a stockholder, and after obtaining a judgment against the Company for the amount thereof, and after an execution, issued on the said judgment, had been returned unsatisfied, brought this action against the defendant in error as being a stockholder and member of the Company, and personally liable for the debt. The defendant, pleaded in bar of the action that the cause of action did not accrue to the plaintiffs within three years next before the commencement…
2Cited by56 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Flash v. ConnSupreme Court of the United States · 1883
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Wheeler v. . MillarNew York Court of Appeals · 1882
- National Bank v. . DillinghamNew York Court of Appeals · 1895
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