Legal Opinion

Church v. Butterfield

New York Supreme Court

Decided January 15, 1897Published

Demubbeb to complaint. Action by plaintiff to charge the defendants, as directors of the Pleasure Island Company, Limited, with the amount of certain bonds and interest by reason of the failure to file annual reports of the corporation during the years 1893, 1894, 1895 and 1896, as required by section 30 of the Stock. Corporation Law. Defendants demurred to the complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action.

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Demubbeb to complaint. Action by plaintiff to charge the defendants, as directors of the Pleasure Island Company, Limited, with the amount of certain bonds and interest by reason of the failure to file annual reports of the corporation during the years 1893, 1894, 1895 and 1896, as required by section 30 of the Stock. Corporation Law. Defendants demurred to the complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action. The defendants claimed their demurrer should be sustained for the following reasons: First. Because the statutory provision upon…

1Opinion of the CourtChase, J.

The complaint in this action alleges that the Pleasure Island Company, Limited, is a domestic corporation, and that defendants, during the years 1893, 1894, 1895 and 1896, were directors of said. Pleasure Island Company, Limited.

The plaintiff is the owner of fourteen bonds'of $500 each issued by the Pleasure .Island Company, .Limited, in 1883, on which -default has been made in payment of interest, and it is alleged that the principal and interest of such' bonds are now due, and that they have been demanded of the corporation and of the defendants, * and payment refused.

The plaintiff also…

2Cases cited3 opinions

  1. Sage v. . CulverNew York Court of Appeals · 1895
  2. Whitaker v. . MastertonNew York Court of Appeals · 1887
  3. Cornwell v. ClementNew York Supreme Court · 1895

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