Cutting v. . Damerel
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 1, 1881, which set aside a verdict in favor of defendant and ordered a new trial. (Reported below, 28 Hun, 339.) The nature of the action and the facts are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 1, 1881, which set aside a verdict in favor of defendant and ordered a new trial. (Reported below, 28 Hun, 339.) The nature of the action and the facts are set forth in the opinion. This action rests solely upon the liability of the defendant, from the circumstances that the defendant’s name stands upon the books as a stockholder, and must not be confounded with that large class of eases where the liability rests upon a contract, express or implied. (Seymour v. Sturges, 26 N. Y. 134;…
1Opinion of the CourtMiller, J.
The plaintiff, as receiver of an insolvent corporation, the Bankers and Brokers’ Association, organized under the act chapter 474, Laws of 1867, seeks in this action to recover of the defendant an unpaid balance upon ten shares of the capital stock of the corporation of which the defendant was at one time the owner. The defendant purchased the stock in June, 1869. In 1874 the defendant requested one Oley, who was clerk and manager of the said Bankers and Brokers’ Association, to find a purchaser of the stock, and under the direction of John Bonner, the president of the association, Oley…
2Cases cited4 opinions
- Webster v. UptonSupreme Court of the United States · 1876
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Rosevelt v. . BrownNew York Court of Appeals · 1854
- Mann v. CurrieNew York Supreme Court · 1848
3Cited by12 opinions
- Chemical National Bank v. ColwellNew York Court of Appeals · 1892
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Winters v. ArmstrongU.S. Circuit Court for the District of Southern Ohio · 1889
- Basting v. Northern Trust Co.Supreme Court of Minnesota · 1895
- Stewart v. Walla Walla Printing & Publishing Co.Washington Supreme Court · 1889
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