First National Bank v. Lamon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 24,1890, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent was a trustee at the time default was made in filing the annual report of the company.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 24,1890, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent was a trustee at the time default was made in filing the annual report of the company. (Read v. Keese, 60 N. Y. 616; Deming v. Buleston, 55 N. Y. 655.) The trustees of the company had not been in any way relieved or excused from filing an annual report as required by…
1Opinion of the CourtBrown, J.
This action was brought by the plaintiff, a creditor of the Atlantic Steam Engine Works — a corporation organized under the General Manufacturing Act — to enforce a personal liability of the defendant as a trustee of such corporation for failure to file in January, 1887, the annual report required to be filed by the twelfth section of the act referred to.
Two defenses are made to the action: First, that the defendant was not a trustee of said corporation at the time of the default in filing the report; and second, that the trustees were under no obligation to file a report in January, 1887.
It…
2Cases cited4 opinions
- Losee v. . BullardNew York Court of Appeals · 1880
- Kirkland v. . KilleNew York Court of Appeals · 1885
- Huguenot National Bank of New Paltz v. . StudwellNew York Court of Appeals · 1878
- Sanborn v. . LeffertsNew York Court of Appeals · 1874
3Cited by5 opinions
- Baker v. SmithSupreme Court of Rhode Island · 1918
- Cooper v. LawsonMichigan Supreme Court · 1905
- Horrocks Desk Co. v. FangelAppellate Division of the Supreme Court of the State of New York · 1902
- Costello v. OuttersonAppellate Division of the Supreme Court of the State of New York · 1906
- Brown v. ClarkNew York Supreme Court · 1894