Flour City National Bank of Rochester v. Shire
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Moses Shire, as administrator, etc., of John Hamilton, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Erie on the 23d day of December, 1902, upon the report of a referee. Plaintiff was the holder of certain unpaid notes made by the Fahy-Sehantz-Bullock Company of Rochester.
Read the full summary
Appeal by the defendant, Moses Shire, as administrator, etc., of John Hamilton, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Erie on the 23d day of December, 1902, upon the report of a referee. Plaintiff was the holder of certain unpaid notes made by the Fahy-Sehantz-Bullock Company of Rochester. This corporation became insolvent and plaintiff sought to hold the estate of one John Hamilton liable for said indebtedness upon the grounds that he held stock in said corporation and that the capital stock of the…
1Opinion of the Court
Hiscock, J.:
This action was brought under section 54 of the Stock Corporation Law (Laws of 1892, chap. 688) which was in force at the time plaintiff’s alleged indebtedness accrued and which provided that “ the stockholders of every stock corporation shall, jointly and severally, be personally liable to its creditors to an amount equal to the amount of the stock held by them, respectively, for every deb.t of the corporation, until the whole amount of its capital stock issued and outstanding at the time such debt was incurred shall have been fully paid.”
Upon the trial of the action and upon…
2Cited by14 opinions
- U.S. Radiator Co. v. . State of New YorkNew York Court of Appeals · 1913
- Wigand v. Flo-Tek, Inc.Court of Appeals for the Second Circuit · 1979
- Edwards v. Wabash Ry. Co.Court of Appeals for the Second Circuit · 1920
- Wigand v. Flo-Tek, Inc.Court of Appeals for the Second Circuit · 1980
- Stevens v. Episcopal Church History Co.Appellate Division of the Supreme Court of the State of New York · 1910
9 more not listed; retrieve them via the Exa API.