Weeks v. . Love
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict rendered under the direction of the court. The nature of the action and the facts pertinent to the question discussed, appear in the opinion. This action is not authorized; the right of action is given to all the creditors of the company similarly situated, jointly. (Osgood v. Laytin, 5 Abb. [N. S.], 1, 9, 10; 4 Eds.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict rendered under the direction of the court. The nature of the action and the facts pertinent to the question discussed, appear in the opinion. This action is not authorized; the right of action is given to all the creditors of the company similarly situated, jointly. (Osgood v. Laytin, 5 Abb. [N. S.], 1, 9, 10; 4 Eds. Stat. at Large, 202, 210, § 20; Bank of Poughkeepsie v. Ibbotson, 24 Wend., 472; Garrison v. Howe, 17 N. Y., 458; Burr v.…
1Opinion of the CourtAndrews, J.
This action was brought to recover of the defendant, as a stockholder in the Peekskill Enameled Iron Company, a manufacturing corporation, organized under the act of February 17, 1848, the amount of a debt owing by the company to the plaintiff, upon which judgment had been recovered against the company, and execution thereon returned unsatisfied before the commencement of the action.
By the tenth section of the act it is declared that all the stockholders of a company incorporated under it shall be severally individually liable “ to the creditors of the company,” to an amount equal to the…
2Cases cited3 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Bank of Poughkeepsie v. IbbotsonNew York Supreme Court · 1840
3Cited by20 opinions
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Moore v. RipleySupreme Court of Georgia · 1899
- Lang v. . LutzNew York Court of Appeals · 1905
- In re the Estate of CohenNew York Surrogate's Court · 1933
- Bauer v. PlattNew York Supreme Court · 1893
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