Lathrop, Shea & Henwood Co. v. Byrne
Appellate Division of the Supreme Court of the State of New York
Appeal by defendants, Frank P. Byrne and others, as executors, etc., of John Byrne, deceased, from an interlocutory judgment of. the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Erie on the 9th day of July, 1906, upon the decision of the court, rendered after a trial at the Erie Special Term, ovérruling the said defendants’ demurrer to the complaint,, made on the ground of defect of parties defendant.
1Opinion of the Court
Williams, J.:
The 'interlocutory judgment should be reversed- and the demurrer sustained, with costs in this court and the court below, with leave to plaintiff to plead over on payment of the costs of this appeal and of the demurrer.
The action is brought by a judgment creditor of the Interior Con- . struction Company, a foreign corporation, to recover of the defendant stockholders of that corporation the amount of their judgment, ' upon the claim that such stockholders have wrongfully received-large amounts from such corporation as dividends and profits, growing out of the. work performed by…
2Cases cited7 opinions
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Buffington v. HarveySupreme Court of the United States · 1877
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Fox v. . MoyerNew York Court of Appeals · 1873
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.