Cochran v. . Wiechers
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, made July 9, 1889, which reversed an order of Special Term, denying a motion to revive an action against the executors of the defendant William A. Wiechers, and granted the motion. The nature of the action and the material facts are stated in the opinion. The cause of action set out in the complaint does not survive against the executors of Wiechers.
Read the full summary
Appeal from an order of the General Term of the Supreme Court in the first judicial department, made July 9, 1889, which reversed an order of Special Term, denying a motion to revive an action against the executors of the defendant William A. Wiechers, and granted the motion. The nature of the action and the material facts are stated in the opinion. The cause of action set out in the complaint does not survive against the executors of Wiechers. (Laws of 1875, chap. 611, § 37.) This action, so far as it affects Wiechers, is a penal action. (Bank of California v. Collins, 5 Hun, 209 ; Easterly…
1Opinion of the CourtO’Brien, J.
The plaintiffs are judgment creditors of the American Opera Company, Limited, a domestic corporation formed under chapter 611 of the Laws of 1875, for the incorporation of business corporations with limited liability. The capital stock of the company was fixed at $500,000, only $148,000 of which was ever paid in, and no certificate that the capital stock had been paid in has ever been made or recorded as prescribed by the statute under which the company was incorporated.
The plaintiffs’action is in the nature of a creditor’s suit to settle the affairs of the American Opera Company, Limited,…
2Cases cited4 opinions
- Flash v. ConnSupreme Court of the United States · 1883
- Lowry v. . InmanNew York Court of Appeals · 1871
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Bailey v. . HollisterNew York Court of Appeals · 1862
3Cited by24 opinions
- Matteson v. DentSupreme Court of the United States · 1900
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Close v. . PotterNew York Court of Appeals · 1898
19 more not listed; retrieve them via the Exa API.