Loeb v. Bien
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by.Willy Loeb against Julius Bien, Jr., and another, as directors of a corporation, to recover against them personally for debts of the corporation, because of their alleged failure to file and publish an annual report required by Stock Corporation Law, § 30. From a judgment dismissing the complaint, plaintiff appeals.
1Per curiam
This case coming on for trial before the court and a jury, counsel for the defendant moved for a dismissal of the complaint upon the ground that the action cannot be maintained, as chapter 354 of the Laws of 1899 “swept away all remedies existing prior to the act, without any saving clause.” The question as to the application of chapter 354 of the Laws of 1899, where an action had been commenced prior to its passage to recover the penalty prescribed for the failure to file a report, was passed upon in Vineyard Co. v. Fritz (decided Feb. 23, 1900) 62 N. Y. Supp. 775, and it was held that that…
2Cases cited1 opinion
- St. George Vineyard Co. v. FritzAppellate Division of the Supreme Court of the State of New York · 1900