Breck v. Brewster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman 0. Brewster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of May, 1912, upon the verdict of a jury,-and also from an order entered in said clerk’s office on the 8th day of May, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
Upon a former appeal in this case we reversed a judgment in favor of the defendant (150 App. Div. 202). The point was not' raised that a trustee in bankruptcy could not maintain *801an action to enforce the obligation of stockholders to creditors, imposed by section 56 of the Stock Corporation Law,-and it was assumed that section 47 of the Bankruptcy Act, as amended by the act of 1910 (30 U. S. Stat. at Large, 557, § 47, as amd. by 36 id. 840, § 8), applied. The point is now raised and our attention is called to the error in assuming that the amendment of 1910 applied to the case. That…
2Cases cited3 opinions
- Southworth v. . MorganNew York Court of Appeals · 1912
- Breck v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1912
- Mosler Safe Co. v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by8 opinions
- Frank Gilbert Paper Co. v. PrankardAppellate Division of the Supreme Court of the State of New York · 1923
- Joseph T. Ryerson & Son v. PedenIllinois Supreme Court · 1922
- In re Berler Shoe Co.District Court, S.D. New York · 1917
- Granger & Co. v. AllenNew York Supreme Court · 1925
- In re South Shore Co-operative Ass'nCourt of Appeals for the Second Circuit · 1939
3 more not listed; retrieve them via the Exa API.