Adams v. Mills
The Superior Court of New York City
Appeal by plaintiff from judgment in favor of defendant, entered on the report of a referee. This action was brought to recover from the defendant a debt, alleged to be due from the Hilliard & Adams Manufacturing Company to the plaintiff, for money loaned by plaintiff to it.
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Appeal by plaintiff from judgment in favor of defendant, entered on the report of a referee. This action was brought to recover from the defendant a debt, alleged to be due from the Hilliard & Adams Manufacturing Company to the plaintiff, for money loaned by plaintiff to it. The plaintiff claims that this company being a corporation, duly formed and organized under the general manufacturing act of this State, omitted to make the annual reports required by section 12 of that act, in the years 1870 and 1871, and that the defendant being a trustee of that corporation, consequently, became liable…
1Opinion of the Court
By the Court.—Curtis, J.
A careful examination of the evidence fails to show that the findings of the referee are unsustained by the evidence.
The defendant John W. Mills, and his cotrustee Robert Cochran, were from the commencement of the business of the corporation, made the victims of very specious and knavish delusions. The expenses of conducting the business were out of all proportion to its amount, or its capital. The books contained misstatements and errors of the most barefaced character, in order to give the false impression that the business was successful. A letter read in evidence…
2Cases cited4 opinions
- Oviatt v. HughesNew York Supreme Court · 1862
- Nimmons v. HennionThe Superior Court of New York City · 1870
- Lindner v. SahlerNew York Supreme Court · 1868
- Dacy v. New-York Chemical Manufacturing Co.The Superior Court of New York City · 1829