Legal Opinion

Castner v. Duryea

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1897PublishedCited by 3 opinions

Appeal from trial term, Few York county. Action by Samuel W. Castner and Henry B. Curran against John "Duryea to charge defendant, as a stockholder of the Consumers’ -Coal Company, with the statutory liability for a debt of said company. The complaint was dismissed, as not alleging facts sufficient to constitute a cause of action, and plaintiffs appeal. Reversed.

1Opinion of the CourtWilliams, J.

The decision as made was evidently based upon the decision of the general term in this department in Herbert v. Duryea, 87 Hun, 288, 33 N. Y. Supp. 1031. The principle held in that case was, however, subsequently overruled by the court of' appeals in Rowell v. Janvrin, 151 N. Y. 60, 45 N. E. 398; and this decision cannot therefore be upheld upon the ground assigned by the learned trial court. The respondent now contends that the decision should be upheld, and the judgment affirmed, upon another ground; and this raises the only question which calls for consideration by this court.

It is said…

2Cases cited2 opinions

  1. Rowell v. . JanvrinNew York Court of Appeals · 1896
  2. Herbert v. DuryeaNew York Supreme Court · 1895

3Cited by3 opinions

  1. Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1898
  2. Herbert v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1897
  3. Thompson v. NicolaiNew York Supreme Court · 1897

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