Legal Opinion

Whitney Arms Co. v. . Barlow

New York Court of Appeals

Decided December 22, 1876PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendant, entered upon an order dismissing plaintiffs complaint on trial.

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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendant, entered upon an order dismissing plaintiffs complaint on trial. This action was brought against defendants, as trustees of the American Seal Lock Company, a corporation organized under the general manufacturing act (chap. 40, Laws of 1848), to enforce the statutory liability to pay the debts of the corporation imposed by said act upon the trustees (§ 12), in case of failure on its part to make, file and publish an annual report. The case is reported on a former…

1Opinion of the CourtAllen, J.

The report made and filed by the American Seal Lock Company, in 1873, is the same in all respects as that made by the same company in 1872, which, upon a former appeal in this action,* we adjudged sufficient in form and substance, and a full compliance with the requirements of section 12 of chapter 40 of the Laws of 1848. It follows, therefore, that the corporation was not in default after the 19th of January, 1872, for not making the report required by law to be made by manufacturing corporations within twenty days from the first day of January in each year, and the defendant and the other…

2Cited by17 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Barringer v. . PowellNew York Court of Appeals · 1920
  3. April Productions, Inc. v. G. Schirmer, Inc.New York Court of Appeals · 1955
  4. Bottlers Seal Co. v. . RaineyNew York Court of Appeals · 1919
  5. Providence Steam & Gas Pipe Co. v. ConnellNew York Supreme Court · 1895

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