Sterne v. Herman
New York Supreme Court
Motion to strike out part of a complaint. Simon Sterne brought this action against A. S. Herman, and six others alleging, 1. That the New York Pengot Coal Co. was a corporation organized under the manufacturing companies act of 1848. 2. That at a time designated, one Weissenborn as a servant of the company rendered the services hereinafter stated. 3. That as .such laborer, he rendered services to the company at their request, at the agreed rate of one hundred and sixty-six…
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Motion to strike out part of a complaint. Simon Sterne brought this action against A. S. Herman, and six others alleging, 1. That the New York Pengot Coal Co. was a corporation organized under the manufacturing companies act of 1848. 2. That at a time designated, one Weissenborn as a servant of the company rendered the services hereinafter stated. 3. That as .such laborer, he rendered services to the company at their request, at the agreed rate of one hundred and sixty-six dollars per month. 4. That on a day named there was due him from them, therefor, eight hundred and forty-two dollars and…
1Opinion of the CourtBrady, J.
The plaintiff’s assignor having been a workman of' “The New York Fengot Coal Co.,” recovered a judgment against them for the amount due to him. The plaintiff seeks to obtain payment of the judgment from the defendants, and alleges that they were trustees and failed to make the return required by the provisions of the act authorizing their incorporation, by which they become liable for this debt of the company, and also that they were stockholders at the time the debt due to the plaintiff’s assignor was contracted, and claims that they are for that reason *378liable for such debt under the…
2Cases cited1 opinion
- Durant v. GardnerNew York Supreme Court · 1860