Legal Opinion

Easterly v. Barber

Commission of Appeals

Decided May 15, 1875PublishedCited by 16 opinions

.Appeal, from judgment of the General Term of the Supreme Oourt in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.

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.Appeal, from judgment of the General Term of the Supreme Oourt in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought against defendants as trustees of the “ Stevenson Manufacturing Company,” a corporation organized under the general manufacturing act, to recover a debt due from the company to plaintiff, on the ground of an alleged omission to make, publish and file the annual report required by the twelfth section of said act. The defence was that the plaintiff, when the debts were contracted, and when the default in…

1Opinion of the Court

Dwight, C.

This is an action brought under the twelfth section of the general manufacturing act of 1848 (chapter 40). This provides that every company formed under the act shall, annually, within twenty days from the first of January, make a report which shall he published in a designated newspaper, and shall state the amount of capital, and the portion of it actually paid in, and the amount of its existing debts. The report is to be signed and verified and filed in the office of the county clerk of the county where the business is transacted. If the company fails to comply with this…

2Cases cited4 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
  3. People v. HoughtalingCalifornia Supreme Court · 1857
  4. Briggs v. EasterlyNew York Supreme Court · 1872

3Cited by16 opinions

  1. Chase v. CurtisSupreme Court of the United States · 1885
  2. Globe Publishing Co. v. State BankNebraska Supreme Court · 1894
  3. Killen v. BarnesWisconsin Supreme Court · 1900
  4. England v. WinslowCalifornia Supreme Court · 1925
  5. Raht v. Sevier Mining & Milling Co.Utah Supreme Court · 1898

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