Staten Island Midland Railroad v. Hinchliffe
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1901, which affirmed an interlocutory judgment of Special Term sustaining demurrers to two defenses set up in the answer. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. The Statute of Limitations (L. 1899) was well pleaded and it was error to sustain the demurrer thereto.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1901, which affirmed an interlocutory judgment of Special Term sustaining demurrers to two defenses set up in the answer. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. The Statute of Limitations (L. 1899) was well pleaded and it was error to sustain the demurrer thereto. (L. 1892, ch. 688, § 30; St. G. V. Co. v. Fritz, 48 App. Div. 233; G. B. W. Co. v. Fritz, 49 App. Div. 647; Shepard v.…
1Opinion of the CourtWerner, J.
This action is brought to establish the defendant’s liability for the debts of a PTew Jersey corporation known as the Eockwell Construction Company. The defendant was a director of that company continuously from May 6th, 1897, down to the commencement of this action in July, 1900. The ground of liability alleged is the failure of that corporation to file an annual report in the month of January in each of the years 1898, 1899 and 1900; and the failure of the defendant, during each of said years, to file a certificate showing that he had endeavored to have such a report filed, as then provided…
2Cases cited4 opinions
- Losee v. . BullardNew York Court of Appeals · 1880
- Morgan v. . HedstromNew York Court of Appeals · 1900
- Benedict v. SeymourNew York Supreme Court · 1852
- Duckworth v. . RoachNew York Court of Appeals · 1880
3Cited by38 opinions
- Levine v. BehnNew York Court of Appeals · 1940
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
- North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
- Davidson v. WitthausAppellate Division of the Supreme Court of the State of New York · 1905
33 more not listed; retrieve them via the Exa API.