Persons v. Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Henry H. Persons and another, as receivers, etc., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the-cleric of the county of Erie on the-14th day of May, 1907, directing the plaintiffs to satisfy three judgments entered against defendants May 13, 1904, June 11, 1906, and April 16, 1907, respectively, upon payment by them of the aggregate amount of the last two judgments, which were judgments for costs…
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Appeal by the plaintiffs, Henry H. Persons and another, as receivers, etc., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the-cleric of the county of Erie on the-14th day of May, 1907, directing the plaintiffs to satisfy three judgments entered against defendants May 13, 1904, June 11, 1906, and April 16, 1907, respectively, upon payment by them of the aggregate amount of the last two judgments, which were judgments for costs on affirmance of the first judgment on appeal by defendants to the Appellate Division and the Court of Appeals.
1Opinion of the Court
Robson, J.:
The action in which the judgments referred to in the order were obtained was brought by plaintiffs, as receivers of the Bank of Commerce in Buffalo, against the respondents Gardner, Miller and the Gratwick executors, as defendants, with many others, to enforce' *168the statutory liability of the defendants as stockholders in said bank. Defendants by answer denied such. liability. After a protracted hearing of the. case, but before its conclusion, plaintiffs and defendants entered into á stipulation, by which the liability of the defendant stockholders who were parties to it was agreed…
2Cases cited3 opinions
- Nelson v. . LoderNew York Court of Appeals · 1892
- Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1906
- Dinkel v. WehleNew York Court of Common Pleas · 1881
3Cited by14 opinions
- Eastern Oil Co. v. SmithSupreme Court of Oklahoma · 1920
- Sokoloff v. National City BankNew York Supreme Court · 1927
- Feldman v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1961
- Moses v. United StatesDistrict Court, S.D. New York · 1939
- Purpura v. PurpuraAppellate Division of the Supreme Court of the State of New York · 1999
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