Caraher v. Mulligan
New York Supreme Court
Appeal from judgment' entered upon a verdict directed by the court at Oneida circuit, January, 1889. Action to enforce the liability of the trustees of a manufacturing corporation for the payment of its debts by reason of the annual report not being made and published as required by thé statute, § 12 of chap. 40 of Laws of 1848, as-amended by chap. 510 of Laws of 1875. In the complaint it is alleged that on the 6th of September, 1881, the defendants duly executed and…
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Appeal from judgment' entered upon a verdict directed by the court at Oneida circuit, January, 1889. Action to enforce the liability of the trustees of a manufacturing corporation for the payment of its debts by reason of the annual report not being made and published as required by thé statute, § 12 of chap. 40 of Laws of 1848, as-amended by chap. 510 of Laws of 1875. In the complaint it is alleged that on the 6th of September, 1881, the defendants duly executed and acknowledged a certificate for the formation of a corporation, under the act-of February 17, 1848, chap. 40 of Laws of 1848,…
1Opinion of the CourtMerwin, J.
No request was made by defendants to submit the case to the jury, and it is now claimed that by reason thereof the objection cannot now be taken that there were questions of fact that should have been submitted. The cases cited on the part of plaintiff to this point do not apply to this case. On the other hand, the case of Trustees of East Hampton v. Kirk, 68 N. Y. 464, is authority for the proposition as applicable to this case that if it was error to take the ease from the jury, the objection is available under the general exception, and a particular request to the court to send the case to…
2Cases cited14 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
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