Mosler Safe Co. v. Guardian Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by different defendants, Guardian Trust Company and others, in whole or in part, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of December, 1911, upon the report of a referee, and also an appeal by several of said defendants from an interlocutory judgment in favor of the plaintiff enteréd in said clerk’s office on the 8th day of March, 1911, upon the decision of the…
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Appeal by different defendants, Guardian Trust Company and others, in whole or in part, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of December, 1911, upon the report of a referee, and also an appeal by several of said defendants from an interlocutory judgment in favor of the plaintiff enteréd in said clerk’s office on the 8th day of March, 1911, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Miller, J. :
This action is brought by the plaintiff, a judgment creditor of a safe deposit company, on behalf of itself and others similarly situated, to enforce the personal liability of stockholders under section 303 of the Banking Law (Consol. Laws, chap. 2; Laws of 1909, chap. 10). We have examined all of the questions presented by the different briefs. I shall discuss only the principal points, stating under each head the pertinent facts.
1. A defendant, who owned fifty shares, was served, appeared *120and answered but died in the State of New Jersey during the pendency of the action and no…
2Cases cited10 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Delano v. ButlerSupreme Court of the United States · 1886
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Mathez v. . NeidigNew York Court of Appeals · 1878
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3Cited by3 opinions
- Breck v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1912
- White v. BevilacquaNew York Court of Appeals · 1937
- Van Tuyl v. SchwabNew York Supreme Court · 1914