Pier v. . Hanmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, made February 10, 1880, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. .This action was brought against defendant as one of the trustees of the “ Newburgh Lager Beer Brewery,” a corporation. organized under the General Manufacturing Act (Chap. 40, Laws of 1848), to recover a debt due from the corporation.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, made February 10, 1880, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. .This action was brought against defendant as one of the trustees of the “ Newburgh Lager Beer Brewery,” a corporation. organized under the General Manufacturing Act (Chap. 40, Laws of 1848), to recover a debt due from the corporation. The complaint contained two counts, one charging a failure-of the corporation to. file any report for the year 1875, and claiming a…
1Opinion of the CourtRapallo, J.
This action, in so far as it is based upon an alleged violation of section 12 of the General Manufacturing law of 1848, cannot be maintained. The liability imposed by that section is for the failure of a manufacturing corporation to make, publish and file, within the time prescribed, a report “which shall state the amount of capital, and of the proportion actually paid in, and the amount of its existing debts; ” and for such failure of the corporation, all the trustees are made liable. In the present case there was no such failure on the part of the company. It did, within due time, make a…
2Cases cited2 opinions
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