The Glenville Woolen Company v. . Ripley
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment for the plaintiff entered upon the report of a referee. This action was brought to recover the amount of two installments of capital stock subscribed for in the plaintiff’s company, a corporation existing under the laws of the State of Connecticut.
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Appeal from the judgment of the General Term of the Superior Court of the city of Rew York, affirming a judgment for the plaintiff entered upon the report of a referee. This action was brought to recover the amount of two installments of capital stock subscribed for in the plaintiff’s company, a corporation existing under the laws of the State of Connecticut. The defence interposed arose out of the following facts: On the 15th day of October, 1855, the complaint in this action was served, on the 9th day of January, 1865, the answer was put in and on the 14th day of January, 1865, the reply…
1Per curiam
It is undisputed that there was a cause of action against the defendant, and that at the time of the commencement of the action, the plaintiff was the owner and holder of it, and that the judgment which has been recovered in the action is right in amount.
The sole defence relied on here, is one, which, if it exists, has arisen since the commencement of the action. It is, that a creditor of the plaintiff, having obtained a judgment against it, proceedings supplementary to the execution issued thereon were had in pursuance of section 294 of the Code of Procedure, an order was made restraining…
2Cited by3 opinions
- Andrews v. Glenville Woolen Co.New York Supreme Court · 1869
- Andrews v. Glenville Woolen Co.New York Supreme Court · 1869
- Moore v. TaylorNew York Supreme Court · 1886