Legal Opinion

Short v. Medberry

New York Supreme Court

Decided January 15, 1883Published

Motion by the defendant for a new trial, on exceptions taken at the Monroe Circuit and ordered to be heard in the first instance at the General Term. The action was brought by the plaintiff, as the assignee of one Curtis, to recover an amount due for services rendered by him as a laborer or servant to a corporation between April 12, 1875, and November 1, 1878.

1Opinion of the Court

Smith, P. J.:

This action was brought to enforce the personal liability of the defendant'as a stockholder of the Rochester Frear Stone Company, a corporation formed under chapter 40 of the Laws of 1848, for services alleged to have been rendered by the plaintiff’s assignor as a “laborer” and “servant” in the employ of said company. Judgment had been recovered against the company upon the claim and an execution returned unsatisfied. The answer of the defendant admitted that he was a stockholder of the company and took issue with the other material allegations in the complaint.

One of the…

2Cases cited4 opinions

  1. Coffin v. . ReynoldsNew York Court of Appeals · 1868
  2. Conant v. Van SchaickNew York Supreme Court · 1857
  3. Hill v. . SpencerNew York Court of Appeals · 1874
  4. Vincent v. BamfordThe Superior Court of New York City · 1871

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