Legal Opinion

Jones v. . Barlow

New York Court of Appeals

Decided June 1, 1875PublishedCited by 35 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff, entered upon a verdict.

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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought against defendants as trustees of the American Seal-Lock Company, a corporation organized under the general manufacturing act (chap. 40, Laws of 1848), to enforce the liability imposed by section 12 of said act, by reason of failure on their part to file an annual report in January, 1871. The corporation was incorporated May 17th, 1870. Plaintiff, during the year 1871, sold and delivered to the corporation goods for…

1Opinion of the CourtAllen, J.

The appellant and his cotrustees of the American Seal-Lock Company, became liable for the debts of the corporation by reason of the failure of the corporation to make and file a report as required by law. There was a default in making such report in January, 1871. The entire indebtedness accrued and became due between May, 1871, and January, 1872, after the default in making the report and before any report had been made and filed.

The trustees of the corporation became, and were from the time the debt was contracted, liable for its payment under the statute. (Laws of 1848, chap. 40, § 12.)

The…

2Cases cited3 opinions

  1. Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
  2. Miller v. . WhiteNew York Court of Appeals · 1872
  3. Wright v. . StorrsNew York Court of Appeals · 1865

3Cited by35 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Morgan v. . HedstromNew York Court of Appeals · 1900
  3. Bruce v. . PlattNew York Court of Appeals · 1880
  4. Rector Church Wardens of Trinity Church v. VanderbiltNew York Court of Appeals · 1885
  5. McDonald v. MuellerSupreme Court of Arkansas · 1916

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