Wallace & Sons v. Walse
New York Supreme Court
Appeal from special term, Onondaga county. Plaintiff is a foreign corporation under the name of Wallace & Sons, existing under tlie laws of the state of Connecticut.
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Appeal from special term, Onondaga county. Plaintiff is a foreign corporation under the name of Wallace & Sons, existing under tlie laws of the state of Connecticut. In February, 1883, a corporation was organized in the city of Syracuse under the provisions of the act of the legislature entitled “An act to authorize the formation of corporations for manufacturing, mining, mechanical, or chemical purposes,” passed February 17, 1848, and the acts amending the same, under the name of the “Wolfe Stove Manufacturing Company.” Its principal place of business was the city of Syracuse. In March,…
1Opinion of the CourtHardin, P. J.
Plaintiff is not a creditor of the defendants. It seeks to enforce a liability imposed upon trustees of a manufacturing corporation in virtue of section 12 of the manufacturing act. As the provisions of the statute are penal in their nature, they must receive a strict construction. Arms Co. v. Barlow, 63 N. Y. 63. As was said in Bruce v. Platt, 80 N. Y. 381, “the statute in question is penal, and not to be extended by construction; that, in an action to enforce a liability thereby created, nothing can be presumed against the defendants, but that every fact necessary to establish their…
2Cases cited8 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Garrison v. . HoweNew York Court of Appeals · 1858
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Miller v. . WhiteNew York Court of Appeals · 1872
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3Cited by1 opinion
- Wallace & Sons v. WalshNew York Court of Appeals · 1890