Legal Opinion

Conant v. Van Schaick

New York Supreme Court

Decided March 2, 1857PublishedCited by 15 opinions

THESE actions were brought against the respective defendants as stockholders in the Albany ¡Northern Rail Road Company, to enforce their alleged liability for the debt of the company, under that clause of the 10th section of the general rail road act of 1850, which provides that “ all the stockholders of every such company shall be jointly and severally liable for all the debts due or owing to any of its laborers and servants for services performed for such corporation ; but…

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THESE actions were brought against the respective defendants as stockholders in the Albany ¡Northern Rail Road Company, to enforce their alleged liability for the debt of the company, under that clause of the 10th section of the general rail road act of 1850, which provides that “ all the stockholders of every such company shall be jointly and severally liable for all the debts due or owing to any of its laborers and servants for services performed for such corporation ; but shall not be liable to an action therefor before an execution shall be returned unsatisfied, in whole or in part,…

1Opinion of the Court

By the Court, Gould, J.

In this case, (Conant v. Van Schaick,) and in three others argued with it, it becomes necessary to pass upon the leading questions, as to the responsibility of the stockholders of rail road corporations for the debts of the companies, under the 10th section of the act of 1850, (Laws of 1850, p. 214,) considering that section as it originally stood; and then as amended, and in fact repealed, by the law of 1854; (Laws of 1854, pp. 614, 615, § 16;) and also, taking the two together, whether the repealing clause can, constitutionally, apply to rights of action…

2Cases cited1 opinion

  1. Moss v. McCulloughNew York Supreme Court · 1849

3Cited by15 opinions

  1. Coffin v. . ReynoldsNew York Court of Appeals · 1868
  2. Balch v. . N.Y. and Oswego Midland R.R. Co.New York Court of Appeals · 1871
  3. Ericsson v. BrownNew York Supreme Court · 1862
  4. Bissit v. Kentucky River Navigation Co.District Court, E.D. Kentucky · 1882
  5. Hardy v. Norfolk Manufacturing Co.Supreme Court of Virginia · 1885

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