Warth v. Moore Blind Stitcher & Overseamer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Apollonia Warth, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on.the 9th day of July, 191.0, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
The plaintiff sues in equity in behalf of all creditors of the defendant corporation, the Moore Blind Stitcher and Overseaxner Company, which was incorporated in 1906 under the Business Corporations Law of New York, to enforce the liability of stockholders for unpaid subscriptions to capital stock. Section 59 of the Stock Corporation Law requires, as a condition precedent to the enforcement of such liability when based on section 56 of the Stock Corporation Law, that a judgment be first recov- ' ered against the corporation. The rule in equity aside from any statute is to thé…
2Cases cited17 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Stoddard v. . LumNew York Court of Appeals · 1899
- Mathez v. . NeidigNew York Court of Appeals · 1878
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3Cited by7 opinions
- The Mosler Safe Company v. . Guardian Trust CompanyNew York Court of Appeals · 1913
- Bottlers Seal Co. v. RaineyNew York Court of Appeals · 1926
- Graeber v. EhrgottAppellate Division of the Supreme Court of the State of New York · 1918
- Knickerbocker Trust Co. v. CondonAppellate Division of the Supreme Court of the State of New York · 1911
- Mosler Safe Co. v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.