Bank of the Metropolis v. Faber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Bank of the Metropolis, from a ■ judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 10th day of August, 1898, upon the dismissal of the plaintiff’s complaint upon the merits by direction of the court, rendered after a trial before the court without a jury at the Hew York Trial Term.
1Opinion of the Court
O’Brien, J. :
The action was brought to charge the defendant, as a director of the F. J. Kaldenberg ■ Company, with liability upon a promissory note of that company, upon the ground of the company’s failure to file- annual reports in. the years 1892 and 1893.
To create a liability upon this ground it was incumbent upon the plaintiff to establish three things: The debt of the corporation, the failure to file a report, and the trusteeship of the defendant at the time the default in filing the report was made. A paper was filed, -purporting to be a report, but, being verified by only one officer,…
2Cases cited2 opinions
- Van Amburgh v. . BakerNew York Court of Appeals · 1880
- President & Directors of the Manhattan Co. v. KaldenbergAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Doughty v. PallissardNew York Supreme Court · 1938
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911
- Seebeck v. KingNew York Supreme Court · 1901
- Tysen v. FritzAppellate Division of the Supreme Court of the State of New York · 1899
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911