Williams v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Ooiu't in the first judicial department, entered upon an order made October 15, 1886, which affirmed a judgment in favor of defendants entered upon an order of the court dismissing the complaint on trial at circuit.
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Appeal from judgment of the General Term of the Supreme Ooiu't in the first judicial department, entered upon an order made October 15, 1886, which affirmed a judgment in favor of defendants entered upon an order of the court dismissing the complaint on trial at circuit. This action was brought by the Blair Hon and Steel Company to recover from one Christopher Meyer, since deceased, a balance alleged to be due from him upon a subscription for the purchase of 600 shares of paid-up stock of said company. While the action was pending a receiver of the corporation was appointed and substituted in…
1Opinion of the CourtVahtt, J.
The learned General Term based its affirmance of the judgment rendered at the circuit upon the following cases: L. O. A. & N. Y. R. R. Co. v. Mason (16 N. Y. 451); Howlcmd v. Edmonds (24 id. 301), and Tuckerman v. Brown (33 id. 297). One of the learned judges, however, in his concurring opinion, said: “ To hold that the cause of action accrued before the subsequent payments were required to be made, is not consistent with the agreement between the defendant and the company when he subscribed for the stock; * * * but the authorities cited in the opinion -* * * sustain the power of the court to…
2Cases cited3 opinions
- White v. . HaightNew York Court of Appeals · 1857
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Savage v. . MedburyNew York Court of Appeals · 1859
3Cited by4 opinions
- Baxter T. BeckwithColorado Court of Appeals · 1913
- Harr v. WrightNew York Supreme Court · 1936
- Baxter T. BeckwithColorado Court of Appeals · 1913
- Raegener v. MedicusAppellate Division of the Supreme Court of the State of New York · 1901