Jagger Iron Co. v. . Walker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, in favor of defendant, entered upon an order reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and directing a judgment dismissing plaintiff’s complaint.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, in favor of defendant, entered upon an order reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and directing a judgment dismissing plaintiff’s complaint. This action was brought against defendant, as a stockholder of the Hudson River Iron Company, to recover the amount of an indebtedness of said corporation to plaintiff, upon the ground of the non-filing of the certificate of the payment in of its capital stock, as required by the general…
1Opinion of the CourtFolger, J.
The merits of this appeal, hang upon the question, whether tho indebtedness of the Hudson River Iron Company, for iron sold to it, was merged in, and satisfied by the first note given by it for $634.33.
We are of the'opinion that it was not; and that the note, and those given in succession after it, were but continued evidences of the first indebtedness, and extensions from date to date, of the time of payment thereof.
Such is the result of the adjudications in cases like this in hand; though the question has not, in all of them, been sharply presented and made the ground of judgment. (See…
2Cases cited9 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Gregory v. ThomasNew York Supreme Court · 1838
- Hill v. . BeebeNew York Court of Appeals · 1856
- Muldon v. WhitlockNew York Supreme Court · 1823
- Bank of Salina v. BabcockNew York Supreme Court · 1839
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3Cited by65 opinions
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Hyman v. ColemanCalifornia Supreme Court · 1890
- Close v. . PotterNew York Court of Appeals · 1898
- Matter of Utica Nat. Brewing Co.New York Court of Appeals · 1897
60 more not listed; retrieve them via the Exa API.