Legal Opinion

Burr v. . Wilcox

New York Court of Appeals

Decided December 5, 1860PublishedCited by 39 opinions

Appeal from, the Superior Court of the city of New York. Action to recover from the defendant the sum of $1,000 and interest from June 28, 1858, when the suit was commenced, on account of a judgment for $1,756.98 upon a debt contracted by the Hudson River Stone Dressing Company on the 19th January, 1854. The complaint alleges that Elisha C. Wilcox, the defendant’s testator, was a stockholder in said company to the amount of $1,000, and as such was, in his lifetime, liable…

Read the full summary

Appeal from, the Superior Court of the city of New York. Action to recover from the defendant the sum of $1,000 and interest from June 28, 1858, when the suit was commenced, on account of a judgment for $1,756.98 upon a debt contracted by the Hudson River Stone Dressing Company on the 19th January, 1854. The complaint alleges that Elisha C. Wilcox, the defendant’s testator, was a stockholder in said company to the amount of $1,000, and as such was, in his lifetime, liable for said debt to the amount of his stock, under the personal liability provisions of the general law (eh. 40 of 1848) for…

1Opinion of the Court

The counsel for the defendant contends that, as the stock was subscribed for in the name of Jordan, although really for Wilcox, the latter was not a stockholder within the meaning of the statute; and he says that the spirit of the doctrine upheld in the authorities to which he refers is, that only those having the legal title are stockholders, and that the court can only look to the legal title in determining who are liable under the 10th section of the statute.

Supposing, for a moment, that the counsel is correct in this position, can it be truly said that Wilcox was merely an equitable owner…

2Cited by39 opinions

  1. Higgins v. LansinghIllinois Supreme Court · 1895
  2. Wheeler v. . MillarNew York Court of Appeals · 1882
  3. Gillett v. Chicago Title & Trust Co.Illinois Supreme Court · 1907
  4. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  5. John W. Cooney Co. v. Arlington Hotel Co.Supreme Court of Delaware · 1918

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API