Garrison v. . Howe
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff claimedi to be a creditor of The Scotia Steam Mill and Manufactur-j ing Company, a corporation in Schenectady county, organized | under the act of 1848, authorizing the forming of manufacturing corporations without a, resort to the legislature.
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Appeal from the Supreme Court. The plaintiff claimedi to be a creditor of The Scotia Steam Mill and Manufactur-j ing Company, a corporation in Schenectady county, organized | under the act of 1848, authorizing the forming of manufacturing corporations without a, resort to the legislature. (Ck. 40.) He sought to recover against the defendant as a stock-1 holder, under section 10, the whole capital stock not having Í been paid in; and he claimed that the defendant was likewise liable, as a trustee, under section 12, because the company had not, as he alleged, made the report required by that…
1Opinion of the CourtDenio, J.
The distinct finding of the referee, that the plaintiff had not shown that he was a creditor of the defendant, which is stated as a conclusion of fact, might be conclusive upon every question of the case, if it were not perfectly apparent from other parts of the finding, and from the referee’s conclusions of law, that it was erroneous. It is apparently based upon the supposed necessity of proving the authority of the secretary to sign notes on behalf of the corporation; but no question of that sort arose upon the trial. The note was simply objected to, when offered in evidence, as irrelative…
2Cases cited1 opinion
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by109 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Chase v. CurtisSupreme Court of the United States · 1885
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Steam-Engine Co. v. HubbardSupreme Court of the United States · 1879
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