Legal Opinion

Bank of Metropolis v. Faber

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1899PublishedCited by 2 opinions

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

  1. Van Amburgh v. . BakerNew York Court of Appeals · 1880
  2. President & Directors of the Manhattan Co. v. KaldenbergAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Brown v. ClowIndiana Supreme Court · 1902
  2. Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911

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