Van Tuyl v. . Scharmann
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1912, which affirmed an order of Special Term overruling a demurrer to the complaint. Two questions were certified by the Appellate Division: First. Does the complaint herein state facts sufficient to constitute a cause of action ? Second.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1912, which affirmed an order of Special Term overruling a demurrer to the complaint. Two questions were certified by the Appellate Division: First. Does the complaint herein state facts sufficient to constitute a cause of action ? Second. Is there a defect of parties defendant in that the Lafayette Trust Company is not made a party defendant here ? The action was brought by plaintiff as Superintendent of banks of the state of New York to enforce the…
1Opinion of the CourtHogan, J.
Counsel for the appellants submits that the complaint fails to allege a cause of action for the reasons: (1) That the superintendent of banks as the representative of the corporation has no cause of action against the stockholders; (2) that section 19 of the Banking Law did not enlarge the liability of stockholders, but the only effect of its enactment was to transfer to the superintendent of banks such cause of action as the creditors themselves might have against the stockholders; (3) that the corporation still exists and that suits against it have not been restrained or rendered…
2Cases cited3 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- In Re the Matter of the Examination of the Union BankNew York Court of Appeals · 1912
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
3Cited by23 opinions
- Broderick v. RosnerSupreme Court of the United States · 1935
- Kidder v. HallTexas Supreme Court · 1923
- Lafayette Trust Co. v. . BeggsNew York Court of Appeals · 1915
- Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922
- Smith v. Washington Casualty InsuranceNew Jersey Court of Chancery · 1932
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