Hall v. Siegel
New York Supreme Court
This was an appeal from a judgment for the plaintiff, entered upon the report of a referee. The appellants and others-on the 2d day of May, 1868, became incorporated, "under chapter 368, Laws of 1865, and, in the certificate of incorporation, were named as trustees of the corporation, which was called “ The Association of the United Sharpshooters of New York and Vicinity.”
Read the full summary
This was an appeal from a judgment for the plaintiff, entered upon the report of a referee. The appellants and others-on the 2d day of May, 1868, became incorporated, "under chapter 368, Laws of 1865, and, in the certificate of incorporation, were named as trustees of the corporation, which was called “ The Association of the United Sharpshooters of New York and Vicinity.” On the 16th day of October, 1871, the suit was commenced by the plaintiff, claiming as assignee of six several judgments, obtained against the corporation in December, 1868, and in January and February, 1869. The answer of…
1Opinion of the Court
By the Court—
Gilbert, J.
With respect to the effect of the judgment recovered against the corporation, we feel bound to adhere to the decision of this court in the case of Miller v. White (57 Barb., 504). That case was deliberately determined, and nothing has been presented on the argument of this case which was not then duly considered. That decision must stand, therefore, as the rule of law on this subject until reversed.
The case shows that this action was not brought until several years after the debt sought to be recovered became due and payable. It also shows that a suit was commenced…
2Cases cited1 opinion
- Miller v. WhiteNew York Supreme Court · 1870
3Cited by3 opinions
- Rogers v. DeckerNew York Supreme Court · 1891
- Cartwright v. Canandaigua Gas-Light Co.New York Supreme Court · 1884
- In re Carpenters' & Joiners' UnionNew York Supreme Court · 1885