Merchants' Bank of New Haven v. Bliss
The Superior Court of New York City
Appeal from an order sustaining a demurrer. This action was brought to charge the defendants, as trustees’ of the Empire Stone' Dressing Company, a corporation organized under the general manufacturing law of this state, with personal liability for an acceptance of such company, bearing date, April 4th, 1854, and payable sixty days from date; on the grounds : I. That the annual report required by the twelfth section of the general manufacturing act, was not filed by said…
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Appeal from an order sustaining a demurrer. This action was brought to charge the defendants, as trustees’ of the Empire Stone' Dressing Company, a corporation organized under the general manufacturing law of this state, with personal liability for an acceptance of such company, bearing date, April 4th, 1854, and payable sixty days from date; on the grounds : I. That the annual report required by the twelfth section of the general manufacturing act, was not filed by said company within twenty days from the first day of January, 1854, nor until after said draft was accepted. II. That the…
1Opinion of the Court
By the Court, Robertson, J.
Either this action is founded upon a statute, and brought for a penalty or forfeiture by the aggrieved party, within the meaning of the second subdivision of section 92 of the Code, or the subject of it is a liability created' by statute other than a penalty or forfeiture, or a contract obligation or liability expressed or implied, under section 91 of the Code. ' If it be the first, it could only have been brought within three years after the cause of action accrued.
If the liability of the defendants were of common law origin, and only aided or modified, not created…
2Cases cited3 opinions
- In re BrownNew York Supreme Court · 1839
- Hook v. WhitlockNew York Court of Chancery · 1831
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- Flash, Lewis & Co. v. ConnSupreme Court of Florida · 1878
- Moies v. Sprague, AdministratorSupreme Court of Rhode Island · 1870
- Bantz v. BasnettWest Virginia Supreme Court · 1877
- Dubuch v. WildermuthSupreme Court of Louisiana · 1848
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