Legal Opinion

Griffeth v. . Green

New York Court of Appeals

Decided January 20, 1892PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material* are stated in the opinion. The suit against the company was brought for the collection of a debt.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material* are stated in the opinion. The suit against the company was brought for the collection of a debt. (Laws of 1848, chap. 40, §§ 10, 24; N. T. W. Co. v. Gilfillan, 124 N. Y. 302; Hardmam, v. Sage, Id. 25; Parrott v. Colby, 6 Hun, 55.) The certificates required by law were not made and…

1Opinion of the CourtGray, J.

The plaintiff was a judgment creditor of the Millerton Iron Company, a domestic corporation organized under the General Manufacturing-Act of 1848, and, failing to obtain satisfaction by execution upon his judgment, commenced this action to enforce against the defendants, as stockholders, the liability imposed by the statute upon such for the failure to file the proper certificate of payment upon an increase of the capital stock. The defendants ivere executors of William B. Ogden, deceased, who, in his life-time, had been the holder of 228-J- shares of the company’s capital stock. It is not…

2Cases cited1 opinion

  1. Veeder v. . MudgettNew York Court of Appeals · 1884

3Cited by4 opinions

  1. Rowell v. . JanvrinNew York Court of Appeals · 1896
  2. Cook v. Superior CourtCalifornia Court of Appeal · 1936
  3. Rowell v. LambertNew York Supreme Court · 1892
  4. Moosbrugger v. WalshNew York Supreme Court · 1895

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