Marshall v. . Sherman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 12, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 12, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is liable, if at all, solely by reason of the provisions of the Constitution and statutes of the state of Kansas set forth in the complaint. (S. L. C. N. Bank v. Hendrickson, 40 N. J. L. 52; Seymour v. Sturgess, 26 N. Y. 134; 98 N.…
1Opinion of the CourtO’Brien, J.
This action was brought by a creditor of the Miltonvale State Bank, a corporation organized under the laws of Kansas for banking purposes, against the defendant, a stockholder, residing in this state.
The questions in the case arise upon the defendant’s demurrer as to the sufficiency of the complaint and the necessary parties to the action. The cbmplaint avers that the bank was incorporated under the laws of Kansas on or about the 8th of July, 1886 ; that it continued to transact a banking business in that state until the 12th of July, 1891, -when proceedings were instituted against it in the…
2Cases cited36 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Richmond v. IronsSupreme Court of the United States · 1887
- Pollard v. BaileySupreme Court of the United States · 1874
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
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3Cited by106 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Williams v. Green Bay & Western RailroadSupreme Court of the United States · 1946
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- Howarth v. . AngleNew York Court of Appeals · 1900
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
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