Losee v. . Bullard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought against defendants as trustees of the Saratoga Paper Company, to recover the amount of a judgment obtained by Henry Loseo, plaintiffs testator, against said company, on the ground of alleged failure on the part of defendants, as trustees, to make and file the annual statements required by the general manufacturing act (§ 12, chap. 40, Laws of 1848). The judgment…
1Opinion of the CourtRapallo, J.
If the respondent ever became liable for the amount recovered by the plaintiffs’ testator against the Sara-toga Paper Company, such liability accrued and was complete at least as early as the year 1868, the judgment'having been recovered in April, 1867, and the statement required by the statute not having been filed in January, 1868. Assuming that this judgment then was' an existing debt of the company,* for which the omission to file the statement rendered the respondent liable, this action should have been brought ‘within three years from the time the cause of action against him accrued.…
2Cases cited3 opinions
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Huguenot National Bank of New Paltz v. . StudwellNew York Court of Appeals · 1878
- Sanborn v. . LeffertsNew York Court of Appeals · 1874
3Cited by25 opinions
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- In re HarperDistrict Court, N.D. New York · 1910
- Morgan v. . HedstromNew York Court of Appeals · 1900
- Bruce v. . PlattNew York Court of Appeals · 1880
- Rector Church Wardens of Trinity Church v. VanderbiltNew York Court of Appeals · 1885
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