Hoagland v. Bell
New York Supreme Court
THIS suit was brought to recover of the defendant, as a stockholder of the “Avon Goal Oil Company,” the amount of a judgment recovered by the plaintiff against said company, upon which an execution had been returned unsatisfied. The company was duly organized July 19, 1859, under the general act “to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,” and the acts amending the same.
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THIS suit was brought to recover of the defendant, as a stockholder of the “Avon Goal Oil Company,” the amount of a judgment recovered by the plaintiff against said company, upon which an execution had been returned unsatisfied. The company was duly organized July 19, 1859, under the general act “to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,” and the acts amending the same. The ground alleged for the personal liability of the defendant was, that the capital stock of the company was not at the time of contracting the debt, nor at the…
1Opinion of the Court
By the Court,
Barnard, J.
The judgment was prima facie evidence that the draft was properly drawn and accepted by a duly authorized officer of the company.
When the judgment roll was offered in evidence, there was no objection on the part of the defendant in regard to the truth of every fact and allegation contained therein, but only that the judgment offered in evidence varied from the one sued on. That variance, as Justice Mullin remarked at the trial, was a slight one, and one entitled to no weight.
The point that the defendant should not be held liable because he was not a stockholder, is…
2Cited by11 opinions
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897
- Glenn v. . OrrSupreme Court of North Carolina · 1887
- Foote v. AndersonCourt of Appeals for the Third Circuit · 1903
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