Hurd v. Tallman
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The “J. M. Hurd Paper Bag Co.” was formed in Hovember 1865, at the city of Auburn, for manufacturing purposes, under the act of 1848, with a capital stock of $200,0C0 divided into 200 shares of $1000 each. $140,000 of this stock was issued, and $100,000 of which had been paid in, leaving $40,000 of stock sold, which has not been paid for. The plaintiffs are the alleged trustees of said company.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The “J. M. Hurd Paper Bag Co.” was formed in Hovember 1865, at the city of Auburn, for manufacturing purposes, under the act of 1848, with a capital stock of $200,0C0 divided into 200 shares of $1000 each. $140,000 of this stock was issued, and $100,000 of which had been paid in, leaving $40,000 of stock sold, which has not been paid for. The plaintiffs are the alleged trustees of said company. On the 10th of December, 1869, at the written request of four out of the six trustees, a special meeting of the trustees was held, and…
1Opinion of the Court
By the Court, Talcott, J.
This action is brought to enforce the personal liability of a stockholder in a manufacturing company, located in the county of Cayuga, to the creditors of the company, upon an alleged insufficiency of the assets of the company to pay its debts. And it is to collect an assessment which has been made by the trustees of the company, (“The J. M. Hurd Paper Bag Company,”) assuming to proceed under chapter 361 of the laws of-1852, entitled “ An act to facilitate the dissolution of manufacturing corporations in the county of Herkimer, and to secure the payment of their debts…
2Cases cited3 opinions
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Story v. . FurmanNew York Court of Appeals · 1862
- Walker v. CrainNew York Supreme Court · 1853
3Cited by4 opinions
- Howarth v. AngleAppellate Division of the Supreme Court of the State of New York · 1899
- Cuykendall v. . CorningNew York Court of Appeals · 1882
- Cuykendall v. MilesU.S. Circuit Court for the District of Massachusetts · 1882
- Cuykendall v. DouglasNew York Supreme Court · 1880