Bottlers Seal Co. v. . Rainey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1917, which affirmed a judgment in favor of defendant,, entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was executory. (Matter of Tear Off Bottle Seal Co., 224 Fed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1917, which affirmed a judgment in favor of defendant,, entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was executory. (Matter of Tear Off Bottle Seal Co., 224 Fed. Repr. 492.) The contract is exactly analogous to a lease so far as the accrual of debts thereunder is concerned. (Thistle v. Jones, 123 App. Div. 40.)…
1Opinion of the CourtPound, J.
Respondent was sued as a holder of capital stock, not fully paid, by a creditor of Tear Off Bottle' Seal Company, under section 56, Stock Corporation Law (Cons. Laws, ch. 49), which reads as follows: “ Every holder of capital stock not fully paid, in any stock corporation, shall be personally liable to its creditors, to an amount equal to the amount unpaid on the stock held by him for debts of the corporation contracted while such stock was held by him.” He demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer has been…
2Cases cited8 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Garrison v. . HoweNew York Court of Appeals · 1858
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892
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- Warner-Lambert Pharmaceutical Co. v. John J. Reynolds, Inc.District Court, S.D. New York · 1959
- Automatic Radio Mfg. Co. v. Hazeltine Research, Inc.Court of Appeals for the First Circuit · 1949
- Barringer v. . PowellNew York Court of Appeals · 1920
- April Productions, Inc. v. G. Schirmer, Inc.New York Court of Appeals · 1955
- Bottlers Seal Co. v. RaineyNew York Court of Appeals · 1926
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