Duckworth v. Roach
New York Court of Common Pleas
Appeal from a judgment of this court, entered upon a verdict for the plaintiff, rendered by direction of the court at the trial of the action. This action was brought against the defendants as trustees of the “ JEtna Iron Works,” a manufacturing corporation organized under the general statute of New York for that purpose, to enforce the liability of the defendants as trustees to pay a debt of the corporation.
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Appeal from a judgment of this court, entered upon a verdict for the plaintiff, rendered by direction of the court at the trial of the action. This action was brought against the defendants as trustees of the “ JEtna Iron Works,” a manufacturing corporation organized under the general statute of New York for that purpose, to enforce the liability of the defendants as trustees to pay a debt of the corporation. The debt arose from money loaned to the corporation in April, 1873. There was no failure on the part of the trustees to file an annual report within twenty days after January 1st, 1874,…
1Opinion of the CourtVan Hoesen, J.
The defendants were trustees of the JEtna Works in April, 1873, when the debt was contracted, *161and they continued in office during January, 1875, at the time of the failure of the company to make and publish the report required by law. (L. 1848, c. 40, § 12.) The debt was for money borrowed by the iEtna Iron Works, and was payable presently. It is to be presumed that the report required by the act was duly filed in 1874, but it is conceded that it was not filed in 1875. This action urns begun in 1877, more than three years after the debt became due and payable. The defendants insist that…
2Cases cited4 opinions
- Jones v. . BarlowNew York Court of Appeals · 1875
- Boughton v. . OtisNew York Court of Appeals · 1860
- Chambers v. . LewisNew York Court of Appeals · 1863
- McHarg v. EastmanThe Superior Court of New York City · 1867
3Cited by5 opinions
- Lee v. JacobAppellate Division of the Supreme Court of the State of New York · 1899
- Lee v. JacobAppellate Division of the Supreme Court of the State of New York · 1899
- Jones v. National Printing Co.New York Court of Common Pleas · 1885
- Varnum v. HartNew York Supreme Court · 1888
- Varnum v. HartNew York Supreme Court · 1888