Brown v. Clark
New York Supreme Court
Appeal by the defendant, diaries M. dark, from an interlocutory judgment of the Supreme Court in favor of tlie plaintiff, entered, in the office of the clerk of the county of Ontario on the 27th day of February, 1894, upon the decision of the court rendered after a trial at the Ontario Special Term, sustaining the plaintiff’s demurrer to the second defense contained in the answer.
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Appeal by the defendant, diaries M. dark, from an interlocutory judgment of the Supreme Court in favor of tlie plaintiff, entered, in the office of the clerk of the county of Ontario on the 27th day of February, 1894, upon the decision of the court rendered after a trial at the Ontario Special Term, sustaining the plaintiff’s demurrer to the second defense contained in the answer. The three above-entitled actions were brought to enforce a personal liability against the defendants, as trustees of the Shortsville Cart Company, because of a failure to file the annual report required by chapter 2…
1Opinion of the Court
The opinion of the Special Term is as follows:
Adams, J. :
If this were an action in which the court felt itself authorized to determine the issue upon principles of equity, it would not be a matter fraught with much difficulty to hold that the pleading demurred to contained a good defense. For it is easy to see that the plaintiff is taking advantage, of a condition of things for which he is, in a measure, responsible, to enforce the payment of a debt by parties, who, while technically guilty of an omission of their statutory duty, have not, by such omission, prejudiced the plaintiff or his…
2Cases cited5 opinions
- Kirkland v. . KilleNew York Court of Appeals · 1885
- Briggs v. EasterlyNew York Supreme Court · 1872
- Huguenot National Bank of New Paltz v. . StudwellNew York Court of Appeals · 1878
- Sanborn v. . LeffertsNew York Court of Appeals · 1874
- First National Bank v. LamonNew York Court of Appeals · 1891