Roebling's Sons Co. v. Federal Storage Battery Car Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Federal Storage Battery Car Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of March, 1918, granting plaintiffs’ motion for judgment on the pleadings, overruling the demurrers interposed by the appellants to the complaint and denying appellants’ motion for judgment on the pleadings and for a dismissal of the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action by two creditors and the assignee of a creditor of the Federal Storage Battery Car. Company in behalf of themselves and all other creditors of said company to enforce against the individual appellants, who were stockholders of the company when the indebtedness was contracted, the personal liability for an amount equal to the amount unpaid on their stock imposed by section 56 of the Stock Corporation Law (Consol. Laws, chap. 59; Laws of 1909, chap. 61).
Separate demurrers were interposed by the appellants on the ground of a defect of parties defendant in that all…
2Cases cited12 opinions
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Flash v. ConnSupreme Court of the United States · 1883
- Shellington v. . HowlandNew York Court of Appeals · 1873
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
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3Cited by3 opinions
- In re Seattle North Pacific Shipbuilding Co.District Court, W.D. Washington · 1924
- McDowell v. C. H. Boley Co., Pennsylvania Court of Common Pleas, Philadelphia County1938
- State Bank v. BakerbowerAppellate Court of Illinois · 1929