Van Amburgh v. . Baker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon a decision of the court on trial without a jury. (Reported below, 14 Hun, 615.) The nature of the action and the facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon a decision of the court on trial without a jury. (Reported below, 14 Hun, 615.) The nature of the action and the facts are set forth sufficiently in the opinion. Nothing short of an adjudication of a court of competent jurisdiction will work a dissolution of a corporation or discharge the trustees from their liability as such. (Marbled Iron Works v. Smith, 4 Duer, 371; Rolin v. Crosby, 49 N. Y. 186; Sanborn v. Lefferts, 58 id. 182; Jones v.…
1Opinion of the CourtEarl, J.
This is an action by the plaintiffs as creditors against the defendants as trustees of The Mott Brick Company, to enforce the liability of the defendants for not making, filing and publishing in January, 1876, the annual report required by section 12 of the General Manufacturing Act of 1848. (Ch. 40.)
The company was organized in February, 1873, and these defendants were named with four others trustees in the articles of association, and they were again elected trustees at the annual meeting of the stockholders in February, 1874, for the year ending February 25, 1875. Before the expiration of…
2Cases cited1 opinion
- Sanborn v. . LeffertsNew York Court of Appeals · 1874
3Cited by15 opinions
- Zimmerman v. Western & Southern Fire InsuranceSupreme Court of Arkansas · 1915
- Baker v. SmithSupreme Court of Rhode Island · 1918
- Smith v. DanzigNew York Supreme Court · 1883
- Bank of the Metropolis v. FaberAppellate Division of the Supreme Court of the State of New York · 1899
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911
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