Witherow v. . Slayback
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of Hew York, entered February 4, 1895, affirming a judgment dismissing the complaint at the close of plaintiff’s case. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in dismissing the complaint as to the first and second causes of action. (Schmittler v. Simon, 114 N. Y. 176 ; Morrill v. C. T. S. Mfg.
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Appeal from a judgment of the General Term of the late Superior Court of the city of Hew York, entered February 4, 1895, affirming a judgment dismissing the complaint at the close of plaintiff’s case. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in dismissing the complaint as to the first and second causes of action. (Schmittler v. Simon, 114 N. Y. 176 ; Morrill v. C. T. S. Mfg. Co., 32 Hun, 543 ; Brockway v. Allen, 17 Wend. 40 ; Bank of Genesee v. Patchin Bank, 19 N. Y. 312.) The obligation which, at the time suit was brought,…
1Opinion of the CourtBartlett, J.
This action is brought against three of the directors of the Port Henry Steel & Iron Company, Limited, to charge them with a debt of the corporation for having failed, as such directors, to file an annual report in January, 1886, and in January, 18S7. These two defaults are stated, respectively, in the first and second causes of action.
The complaint contains five causes of action, but on this appeal only the first and second are involved.
The debt which the plaintiff in this action seeks to collect of defendants is represented by a promissory note, dated October 6th, 1886, made by' T. F.…
2Cases cited18 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Moore v. . CrossNew York Court of Appeals · 1859
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Union Bank v. . SullivanNew York Court of Appeals · 1915
- Wittemann v. . SandsNew York Court of Appeals · 1924
- Kohn v. Consolidated Butter & Egg Co.New York Supreme Court · 1900
12 more not listed; retrieve them via the Exa API.