Schenck v. . Andrews
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the city court of Brooklyn, sustaining demurrer to defendant’s answer.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the city court of Brooklyn, sustaining demurrer to defendant’s answer. The complaint alleges an indebtedness to plaintiff from the Empire Planing and Molding Mill Company, a corporation organized under the act to authorize the formation of corporations for manufacturing, mining, mechanical, or chemical purposes, passed February 17th, 1848, and the several acts amendatory thereof, and the recovery by plaintiffs of a judgment for such indebtedness against said corporation. It…
1Opinion of the CourtGeover, J.
After the recovery of a judgment against the corporation for the price of merchandise sold to it, and the return of an execution issued thereon' unsatisfied, the plaintiffs seek, in the present action, to recover of the defendant, a stockholder in the corporation, the amount of their debt against it. To the complaint the defendant has interposed an answer as a defence, to which the plaintiffs have demurred, upon the ground that the facts stated therein do not constitute any defence to the action. This raises the question whether, assuming the truth of the facts stated in the answer, they…
2Cited by10 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Veeder v. . MudgettNew York Court of Appeals · 1884
- Douglass v. . IrelandNew York Court of Appeals · 1878
- Bonnell v. . GriswoldNew York Court of Appeals · 1880
- Schenck v. . AndrewsNew York Court of Appeals · 1874
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