Simmons v. Sisson
New York Court of Appeals
The complaint in this action set out the organization of the Dresden and Penn Yan Plank Road Company, in June, 1850, and the construction, by such company, of a plank road from Dresden to Penn Yan: that, on the 4th of June, 1854, George W. Simmons (the intestate) was elected secretary and treasurer of said company, and immediately after such election entered upon the discharge of the duties of these offices, and continued in the discharge of such duties until his death.
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The complaint in this action set out the organization of the Dresden and Penn Yan Plank Road Company, in June, 1850, and the construction, by such company, of a plank road from Dresden to Penn Yan: that, on the 4th of June, 1854, George W. Simmons (the intestate) was elected secretary and treasurer of said company, and immediately after such election entered upon the discharge of the duties of these offices, and continued in the discharge of such duties until his death. It also averred as follows: while thus acting he, “ from time to time, under and by the directions of the board of directors…
1Opinion of the CourtSelden, J.
The principal questions in this case are those raised by the exceptions to the findings of the referee: 1st, as fact admitted by the pleadings, that the sum of $736.86 was paid, laid out and expended by the intestate, in his lifetime, for the plank road company, by direction of the board of directors, and of persons authorized by them; and 2d, as a conclusion of law, that the company was indebted to the intestate, at the time of his death, in the sum of $607.14, besides interest.
The substance of the pleadings, so far as they relate to these questions, are as follows: The plaintiffs allege…
2Cases cited4 opinions
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1824
- Bullis v. Giddens & BrownNew York Supreme Court · 1811
- Meyer M'CleanNew York Supreme Court · 1807
- Rush v. CobbettNew York Supreme Court · 1801