Rector Church Wardens of Trinity Church v. Vanderbilt
New York Court of Appeals
These are cross-appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, dated May 11, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The court erred in holding that the three years limitation in favor of the trustees runs from the time the obligation matures against the corporation.
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These are cross-appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, dated May 11, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The court erred in holding that the three years limitation in favor of the trustees runs from the time the obligation matures against the corporation. (Duckworth v. Roach, 81 N. Y. 49.) The statute runs against defendant from the date of his last default; his default the…
1Opinion of the CourtDanforth, J.
The Greer-Turner Sugar Refining Company was organized under the act authorizing the formation of corporations for manufacturing and other purposes (Session Laws of 1848, chap. 40), and the defendant was one of its trustees from 1872 to June, 1875. It failed to make reports in 1873, 1874 and 1875, as required by the twelfth section of that act, and this action was brought on the 14th of January, 1878, to charge him with debts of the company existing, as is alleged, at the times of such defaults. The complaint states that the company hired of the plaintiff certain premises for the term of six…
2Cases cited5 opinions
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Jones v. . BarlowNew York Court of Appeals · 1875
- Shaler and Hall Quarry Company v. . BlissNew York Court of Appeals · 1863
- Losee v. . BullardNew York Court of Appeals · 1880
3Cited by21 opinions
- Morgan v. . HedstromNew York Court of Appeals · 1900
- Gold v. . ClyneNew York Court of Appeals · 1892
- State Savings Bank v. JohnsonMontana Supreme Court · 1896
- Chapman v. . LynchNew York Court of Appeals · 1898
- Udall Milling Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
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