Jeffery v. . Selwyn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1916, which affirmed an order of Special Term granting a motion by plaintiff for judgment on the pleadings. The following question was certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1916, which affirmed an order of Special Term granting a motion by plaintiff for judgment on the pleadings. The following question was certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The complaint is fatally defective in that it fails to allege the making of an assessment showing the right and need of the trustee to sue for the…
1Opinion of the CourtPound, J.
The action was brought by the plaintiff, as trustee of a bankrupt corporation, to recover the sum of ten thousand dollars, being the total amount unpaid on defendant’s subscription to one hundred shares of the stock in the bankrupt company.
The complaint alleges the bankruptcy of the All-Star Feature Corporation on February 16, 1915; the subsequent appointment of the plaintiff as trustee; the incorporation of the bankrupt on or about the 30th day of June, 1913; the first meeting of incorporators, including the defendant, on July 9, 1913, and on the same day the making of an agreement between…
2Cases cited19 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Sanger v. UptonSupreme Court of the United States · 1875
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Shapley v. . AbbottNew York Court of Appeals · 1870
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3Cited by18 opinions
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Furlong v. JohnstonNew York Court of Appeals · 1924
- Furlong v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1924
- Hewitt Rubber Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Stone v. YoungAppellate Division of the Supreme Court of the State of New York · 1924
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