Davidson v. Witthaus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Rudolph A. Witthaus and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 9th day of July, 1904, upon the decision of the court, rendered after a trial at the Rockland Trial Term, a jury having been waived.
1Opinion of the Court
Jenks, J.:
The question is whether the action, which was commenced July 25, 1902, was barred by a statute of limitation pleaded. The plaintiff became a judgtnent creditor of a domestic corporation in November, 1900, by recovery upon a corporation note which matured in 1899. In July, 1902, she both notified the defendants, who were directors, that she would hold them under the statute for failure to make and file an annual report in January, 1901, and began this action. It was stipulated at trial that the directors filed an annual report in 1900, but none thereafter.
If, as contended, the…
2Cases cited23 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- Turner v. New YorkSupreme Court of the United States · 1897
- People v. . TurnerNew York Court of Appeals · 1889
- Wheeler v. JacksonSupreme Court of the United States · 1890
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3Cited by7 opinions
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- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
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- Cranston v. New Process Fibre Co.Superior Court of Delaware · 1950
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