Providence Steam & Gas Pipe Co. v. Connell
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by the Providence Steam & Gas Pipe Company against Lansing W. Connell to enforce the liability of defendant, as director of a corporation, for failure to file the annual report The court held “(1) that the plaintiff, not having made the proof required by section 16 of the general corporation law, and not having procured the certificate required by section 15 thereof, cannot maintain this action; (2) that the complaint should…
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Appeal from circuit court, Onondaga county. Action by the Providence Steam & Gas Pipe Company against Lansing W. Connell to enforce the liability of defendant, as director of a corporation, for failure to file the annual report The court held “(1) that the plaintiff, not having made the proof required by section 16 of the general corporation law, and not having procured the certificate required by section 15 thereof, cannot maintain this action; (2) that the complaint should be dismissed, with costs.” From the judgment entered on such decision, plaintiff appeals.
1Opinion of the CourtMerwin, J.
This action is brought by a creditor of a stock corporation to enforce the liability of a director for failure to file an annual report, as required by section 30 of the stock corporation law (chapter 564 of the Laws of 1890, as amended by chapter 688 of 1892). The main questions here are (1) whether the plaintiff itself, being a foreign corporation, has capacity to sue; and (2) whether the debt of the plaintiff is within the provision of the statute making the directors liable “for all the debts of the corporation then existing, and for all contracted before such report shall be made.”
The…
2Cases cited8 opinions
- Demarest v. . FlackNew York Court of Appeals · 1891
- Jones v. . BarlowNew York Court of Appeals · 1875
- Carr v. . RischerNew York Court of Appeals · 1890
- Carroll v. . SweetNew York Court of Appeals · 1891
- Stokes v. . StickneyNew York Court of Appeals · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Novelty Manuf'g Co. v. ConnellNew York Supreme Court · 1895
- Crefeld Mills v. GoddardU.S. Circuit Court for the District of Southern New York · 1895
- Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Bank of the Metropolis v. FaberAppellate Division of the Supreme Court of the State of New York · 1896
- Chicago Mill & Lumber Co. v. SimsMissouri Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.