Swan v. Stiles
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mason M. Swan, as temporary receiver ■ of the E. S. Stiles Press Company, from a'judgment of the Supreme "Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on. the 31st day of December, 1902, upon the report of a referee dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 23d day of December, 1902, awarding the defendant an extra allowance of costs.
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Appeal by the plaintiff, Mason M. Swan, as temporary receiver ■ of the E. S. Stiles Press Company, from a'judgment of the Supreme "Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on. the 31st day of December, 1902, upon the report of a referee dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 23d day of December, 1902, awarding the defendant an extra allowance of costs. The E. S. Stiles Press Company, a corporation with a capital stock of $60,000, was duly organized in December, 1897, and its…
1Opinion of the Court
Spring, J.:
Section 48 of the Stock Corporation Law (Laws of 1892, chap. 688), which is the basis of the present action, reads as follows: “Mo corporation which shall have refused to pay any of its notes or other obligations when due, in lawful money of the United States, nor any of its officers, or directors, shall transfer any of its property to any of its officers, directors or stockholders, directly or indirectly, for the payment of any debt, or upon any other consideration than the full value of the property paid in cash. Mo conveyance, assignment or transfer of any property of any such…
2Cases cited9 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Hamilton Trust Co. v. . ClemesNew York Court of Appeals · 1900
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3Cited by16 opinions
- In re the Estate of O'BrienNew York Surrogate's Court · 1933
- Venice East, Inc. v. MannoDistrict Court of Appeal of Florida · 1966
- Bielaski v. National City Bank of New YorkDistrict Court, S.D. New York · 1932
- Ciufo v. CiufoNew York Supreme Court · 1946
- Cooper v. New York, Lackawanna & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
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