Firestone Tire & Rubber Co. v. Agnew
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Firestone Tire and ¡Rubber Company, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24th day of April, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the complaint interposed by certain of the defendants.
1Opinion of the Court
Houghton, J. :
The action is brought by the plaintiff as an alleged- creditor of the Vehicle Equipment Company, in its own behalf and in behalf of other creditors similarly situated, against the holders of the capital stock of that corporation, to charge them with its debts to.the amount unpaid on the stock of the corporation, held by them.
The complaint contains allegations respecting the indebtedness which became due within the prescribed two years, formation of the corporation, the amount of stock held by the various defendants and the amount unpaid thereon; and further sets forth that after…
2Cases cited7 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- United Glass Co. v. . VaryNew York Court of Appeals · 1897
- King v. Will J. Block Amusement Co.New York Court of Appeals · 1908
- Gause v. BoldtNew York Supreme Court · 1906
- Gause v. . BoldtNew York Court of Appeals · 1907
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