Legal Opinion

Close v. Sherwood

Superior Court of Buffalo

Decided November 15, 1893Published

Motion for a new trial upon a case and exceptions ordered to be heard at General Term in the first instance.

1Opinion of the CourtHatch, J.

This case differs from those which have preceded it. The facts upon which plaintiff relies are not changed, but the attitude of the defendant is. While admitting that he is a stockholder, he claims and establishes that he became such stockholder by transfer of stock from two prior stockholders after the debt which" is now sought to be enforced against him had been incurred, in consequence of which he claims exemption from liability.

At the cldse of the trial both parties moved for the direction of a verdict. Plaintiff’s motion was denied, defendant’s motion was granted, and to both rulings…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Tracy v. YatesNew York Supreme Court · 1854
  2. Tucker v. . GilmanNew York Court of Appeals · 1890

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