Pierce v. Kearney
New York Supreme Court
Debt, tried at the St. Lawrence circuit in February, 1842, before Willard, C. Judge. The action was brought to charge the defendant as a stockholder of the Rossie Galena Company, for a demand contracted by the company.
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Debt, tried at the St. Lawrence circuit in February, 1842, before Willard, C. Judge. The action was brought to charge the defendant as a stockholder of the Rossie Galena Company, for a demand contracted by the company. The charter provides, that “the stockholders of the said corporation shall be jointly and severally personally liable for the payment of all debts or demands contracted by the said corporationbut before suing a stockholder, the creditor must first obtain a judgment against the company upon the demand, and havé an execution returned unsatisfied in whole or in part. (Statutes of…
1Opinion of the Court
Nelson, Ch. J.
It is not to be denied that the main question in this case was directly decided against the plaintiffs in Marquand v. Webb, (16 Johns. Rep. 89;) and unless we are prepared to overrule the principle then deliberately settled, a new trial must be granted. Mr. Justice Spencer, who deliv*84ered the opinion of the court in the case cited, remarked that the point was not free from difficulty, but that after examining all the authorities cited in argument, and several others, he was of opinion the witness was incompetent, on the ground that he was called to prove a fact which he had a…
2Cases cited14 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Marquand v. WebbNew York Supreme Court · 1819
- McGuinty v. HerrickNew York Supreme Court · 1830
- Lovett v. AdamsNew York Supreme Court · 1829
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