Wheeler v. . Millar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1881, affirming a judgment in iayor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 541.) The nature of the action and the material facts are set forth in the opinion. The award of interest from the date when the debt was payable by the company is erroneous.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1881, affirming a judgment in iayor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 541.) The nature of the action and the material facts are set forth in the opinion. The award of interest from the date when the debt was payable by the company is erroneous. (Burr v. Wilcox, 22 N. Y. 551, 557; Chase v. Lord, 77 id. 1; Van Rensselaer v. Jewett, 2 id. 135; 140; Barnard v. Bartholomew, 22 Pick. 291; Munger v. Jacobson,…
1Opinion of the CourtFinch, J.
The defendant is sued as a stockholder of the Mallary Paper Bag Manufacturing Company, a corporation organized under the General Manufacturing Act, and is sought to be made liable for an indebtedness of that corporation to plaintiff, upon the ground that its capital stock had not been fully paid in. The latter fact is undisputed, but it is answered that the defendant was not a stockholder, and not liable to the plaintiff as such. The referee has found as a fact that the defendant was a stockholder, and upon evidence which warranted that conclusion. It was proven that he was one of the…
2Cases cited10 opinions
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Spear v. CrawfordNew York Supreme Court · 1835
- Burr v. . WilcoxNew York Court of Appeals · 1860
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3Cited by51 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Zang v. WyantSupreme Court of Colorado · 1898
- People v. . Merchants' Trust Co.New York Court of Appeals · 1907
- In re John Osborn's Sons & Co.Court of Appeals for the Second Circuit · 1910
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