Torbett v. Eaton
New York Supreme Court
Appeal from special term, New York county; George P. Andrews, Justice. Action by Ruth Torbett against Sherburne B. Baton to enforce a liability as director of the American Opera Company. Plaintiff demurred to the second defense set up in the answer. Demurrer sustained, and defendant appeals.
1Opinion of the CourtDaniels, J.
The plaintiff is a creditor of the American Opera Company, Limited, which was incorporated under chapter 611 of the Laws of 1875. The defendant was a director of the corporation, and, as such, joined in its annual report made in January, 1887. After the recovery of a judgment in the plaintiff’s favor against the corporation, and the issue and return unsatisfied of an execution thereon, the plaintiff commenced this action against the defendant to recover the amount of her debt from him, because of the alleged fact that the annual report, subscribed by him as a director, was false in various…
2Cases cited3 opinions
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- Pier v. . HanmoreNew York Court of Appeals · 1881
- Taylor v. ThompsonNew York Supreme Court · 1883
3Cited by8 opinions
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Huntington v. . AttrillNew York Court of Appeals · 1890
- Lynip v. Alturas School DistrictCalifornia Court of Appeal · 1915
- National Liberty Insurance Co. of America v. Bank of AmericaNew York Supreme Court · 1926
- State ex rel. Matre v. BergsWisconsin Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.