Hilliker v. Hale
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Northern district of New York, in favor of defendant in error, who was plaintiff below. 109 Fed. 273. Plaintiff “as receiver for the collection and enforcement of the liability of stockholders of the Northwestern Guaranty Loan Company,” sued defendant, who was a stockholder of that company, a Minnesota…
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In Error to the Circuit Court of the United States for the Northern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Northern district of New York, in favor of defendant in error, who was plaintiff below. 109 Fed. 273. Plaintiff “as receiver for the collection and enforcement of the liability of stockholders of the Northwestern Guaranty Loan Company,” sued defendant, who was a stockholder of that company, a Minnesota corporation, to charge him with liability for the debts of said corporation to its creditors. The action was tried before…
1Per curiam
Out of the many questions which have been argued here two only need be considered.
Concededly the guaranty company was a “moneyed corporation.” It was held by this court in Hobbs v. Bank, 37 C. C. A. 513, 96 Fed. 396, 41 C. C. A. 205, 101 Fed. 75, that the three-years statute of limitations (Code Civ. Proc. N. Y. § 394) applied to suits like this against stockholders in such corporations; and it was intimated by part of the court that that period might be reduced, when there was a shorter statute of limitations in the home state. The statute of limitations in this state still remains three…
2Cases cited18 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Booth v. ClarkSupreme Court of the United States · 1855
- Lynde v. LyndeSupreme Court of the United States · 1901
- Relfe v. RundleSupreme Court of the United States · 1881
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Great Western Min. & Mfg. Co. v. HarrisCourt of Appeals for the Second Circuit · 1903
- Todd v. RussellDistrict Court, S.D. New York · 1932
- Whitman v. AtkinsonCourt of Appeals for the Second Circuit · 1904
- Hillmer v. AndersonDistrict Court, W.D. New York · 1936
- McCandless v. FurlaudCourt of Appeals for the Second Circuit · 1934
3 more not listed; retrieve them via the Exa API.