Legal Opinion

Chapman v. Comstock

New York Supreme Court

Decided November 15, 1890Published

Appeal from circuit court. Onondaga county. Prior to February 11, 1882, the plaintiff held a promissory note made by the Onondaga Coarse Salt Association, of which Thomas Malloy was treasurer.

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Appeal from circuit court. Onondaga county. Prior to February 11, 1882, the plaintiff held a promissory note made by the Onondaga Coarse Salt Association, of which Thomas Malloy was treasurer. The American Dairy Salt Company, Limited, was organized in 1877, under chapter 611 of the Laws of 1875, and continued the business of manufacturing and selling salt until a receiver thereof was appointed in October, 1888. Malloy was also treasurer of the American Dairy Salt Company, Limited. While the Onandaga Coarse Salt Association was winding up its business, it desired to pay and discharge its…

1Opinion of the CourtHardin, P. J.

Under chapter 611 of the Laws of 1875, the American Dairy Salt Company, Limited, was organized. In the eighteenth section it is provided that “every such corporation shall annually, within twenty days after the first day of January, make a report, which shall state the amount of capital, and the proportion actually paid in, the amount, and, in general terms, the nature of its existing assets and debts, and the name of its then stockholders, and the dividends, if any, declared since the last report. * * * And, if any such corporation shall fail so to do, all the directors thereof shall be…

2Cases cited9 opinions

  1. Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
  2. Pratt v. . ShortNew York Court of Appeals · 1880
  3. Jones v. . BarlowNew York Court of Appeals · 1875
  4. Boughton v. . OtisNew York Court of Appeals · 1860
  5. N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879

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