Woods v. De Figaniere
The Superior Court of New York City
The order appealed from in this case required the defendant to give or allow the plaintiffs to take copies of entries in a book alleged to be under his control, and in case of refusal precluded him from making certain defences or controverting certain facts alleged in the complaint. The action was brought against the defendant as president of a joint stock association consisting of more than seven persons.
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The order appealed from in this case required the defendant to give or allow the plaintiffs to take copies of entries in a book alleged to be under his control, and in case of refusal precluded him from making certain defences or controverting certain facts alleged in the complaint. The action was brought against the defendant as president of a joint stock association consisting of more than seven persons. The existence of such association, his presidency thereof, and the names of the members, were alleged in the complaint and controverted in the answer ; which were the facts which the…
1Opinion of the Court
Robertson, Justice.
In order to maintain this action against the defendant, as the representative in it of the company sued, it is only necessary, under the statute authorizing such mode of bringing suits, for the plaintiffs to establish that the company consisted of the requisite number of members, and that he was president. (3 R. S., 5th ed., 777, 778, 779.) The question of the liability of individual members as partners is not in issue, as only the property held by them jointly as an association can be taken in execution upon a judgment therein, and therefore their names are immaterial.…
2Cited by14 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- People v. Fraiser, New York County Courts1973
- Hurricane Telephone Co. v. MohlerWest Virginia Supreme Court · 1902
- Weistrop v. Necchi Sewing Machine Sales Corp.New York Supreme Court · 1955
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