Waldron v. Alling
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. Waldron, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of October, 1901, upon the decision of the court, rendered after a trial before the court without a jury at the Erie Trial Term, dismissing the complaint upon the merits.
1Opinion of the Court
Hiscock, J.:
This action was brought by the plaintiff as assignee of one Tillinghast, a receiver of the Columbia National Bank of Tacoma, *87Wash., to enforce the liability of defendant’s testator as a stockliolder in said bank. The learned trial justice before whom said case was tried dismissed the same upon the ground that such liability of a stockholder could be enforced only by the receiver of the bank and that a claim founded thereon could not be sold and transferred by him to another person. That is the principal question which has been argued in this court. In its decision as aforesaid we…
2Cases cited1 opinion
- Casey v. GalliSupreme Court of the United States · 1877
3Cited by5 opinions
- Wagner ex rel. Molner v. South Chicago Sav. BankCourt of Appeals for the Seventh Circuit · 1944
- Fee v. TaylorSupreme Court of Arkansas · 1933
- Frederick v. Baxter Arms Corp.District Court, E.D. New York · 1939
- Shaw v. StrongTexas Supreme Court · 1936
- Wagner ex rel. Molner v. South Chicago Sav. BankCourt of Appeals for the Seventh Circuit · 1944