Rowell v. Lambert
New York Supreme Court
Appeal from circuit court, New York county. Action by George P. Bowell and others against Edward W. Lambert, a stockholder of a corporation, to recover from him a debt due plaintiffs from the corporation. Judgment for plaintiffs. Defendant appeals. Beversed.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover from the defendant, as stockholder of a manufacturing corporation, a debt owing by the corporation to the plaintiffs on the ground that no certificate of full payment of capital stock was filed, as required by the act of 1848. The defendant moved for judgment dismissing.the complaint, because there was no allegation that the stock was issued for cash, rather than for property. The motion was denied, and the plaintiffs made formal proof of debt, of judgment against the corporation, and return of execution unsatisfied, and rested. The defendant again moved to…
2Cases cited4 opinions
- Wheeler v. . MillarNew York Court of Appeals · 1882
- Douglass v. . IrelandNew York Court of Appeals · 1878
- Brown v. . SmithNew York Court of Appeals · 1880
- Griffeth v. . GreenNew York Court of Appeals · 1892
3Cited by6 opinions
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Herbert v. DuryeaNew York Supreme Court · 1895
- Close v. . NoyeNew York Court of Appeals · 1895
- Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
- Close v. NoyeNew York Court of Appeals · 1895
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