Bank of Metropolis v. Faber
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by the Bank of the Metropolis against Eberhard Faber. From a judgment dismissing the complaint after a trial without a jury, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The action was brought to charge the defendant, as a director of the F. J. Kaldenberg Company, with liability upon a promissory note of that company, upon the ground of the company’s failure to file annual reports in the years 1892 and 1893. To create a liability upon, this ground, it was incumbent upon the plaintiff to establish three things: The debt of the corporation, the failure to file a report, and the trusteeship of the defendant at the time the default in filing the report was made. A paper was filed, purporting to be a report; but, being verified by. only one officer, it was not a…
2Cases cited2 opinions
- Van Amburgh v. . BakerNew York Court of Appeals · 1880
- President & Directors of the Manhattan Co. v. KaldenbergAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Brown v. ClowIndiana Supreme Court · 1902
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911