Mahoney v. Bernhard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emily H. Bradbury and others,- stockholders of the Murray Hill' Bank, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of July, 1899, upon the decision of the court rendered after a trial, at the New York Special Term adjudging them to be liable for the debts of- the bank and directing a reference to ascertain the amount of the creditors’ claims…
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Appeal by the defendants, Emily H. Bradbury and others,- stockholders of the Murray Hill' Bank, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of July, 1899, upon the decision of the court rendered after a trial, at the New York Special Term adjudging them to be liable for the debts of- the bank and directing a reference to ascertain the amount of the creditors’ claims and to apportion the stockholders’ liability.
1Opinion of the Court
Barrett, J. :
This action is by a creditor of the Murray Hill Bank (an insolvent banking corporation) to enforce the statutory liability of its stockholders under the Banking Law (Laws of 1892, chap. 689, § 52). After the action was commenced by service of the summons upon some of the defendants, this section 52 was amended by chapter 441 of the Laws of 1897. The amendment was in these words : “ In case any such corporation shall have been ór shall be dissolved by final order or judgment of a court having jurisdiction, and a permanent receiver or- receivers of the said corporation shall have…
2Cited by24 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- 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
- Broderick v. AdamsonNew York Supreme Court · 1933
- State ex rel. McConnell v. Park Bank & Trust Co.Tennessee Supreme Court · 1924
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