Shipman v. . Treadwell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 1, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 1, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The appellate court below erred in its conclusion that if this action had been brought in the state of Ohio against a citizen of Ohio, the eighteen months’ Statute of Limitation would have barred the remedy. (Converse v. Hamilton, 224 U. S. 256;…
1Opinion of the CourtCuddeback, J.
This action was brought to charge the defendants as stockholders of an Ohio" corporation with the amount of an assessment upon their stock to pay the debts of the corporation.
The Constitution of the state of Ohio, in force at the time the defendants’ stock subscriptions were made, provided that each stockholder in a private corporation should be liable over and above the stock owned by him, and any amount unpaid thereon, to a further sum at least equal to the amount of such stock. Section 3258 of the Ohio Revised Statutes was to the same effect. Under the law. of Ohio the subscriber for stock…
2Cases cited13 opinions
- Hawkins v. GlennSupreme Court of the United States · 1889
- Hale v. AllinsonSupreme Court of the United States · 1903
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Converse v. HamiltonSupreme Court of the United States · 1912
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Klotz v. . AngleNew York Court of Appeals · 1917
- Pope v. HeckscherNew York Court of Appeals · 1934
- Hansen Packing Co. v. Swift & Co.District Court, S.D. New York · 1939
- In re the Estate of CohenNew York Surrogate's Court · 1933
11 more not listed; retrieve them via the Exa API.