Benedict v. Lansing
New York Supreme Court
Assumpsit against the defendant, as a stockholder of The Jefferson Woollen Company, a manufacturing corporation formed under the act of 1811, to recover a demand against the company, to the amount of the defendant’s stock. Non-assumpsit having been pleaded, the cause was tried at the Albany circuit in October, 1844, before Parker, Cir. J. The incorporation of the company was proved, and it was admitted that the defendant was a stockholder to the amount of $500..
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Assumpsit against the defendant, as a stockholder of The Jefferson Woollen Company, a manufacturing corporation formed under the act of 1811, to recover a demand against the company, to the amount of the defendant’s stock. Non-assumpsit having been pleaded, the cause was tried at the Albany circuit in October, 1844, before Parker, Cir. J. The incorporation of the company was proved, and it was admitted that the defendant was a stockholder to the amount of $500.. It was shown that the company carried on business from the year 1837 to May, 1842, when it ceased to do business, and failed, and…
1Opinion of the Court
By the Court, Whittlesey, J.
The way is entirely deal, for a recovery in favor of the plaintiffs if they have established a debt against the corporation in their favor, at the time of its dissolution. The note introduced as the evidence of such debt, bears date in January, 1843, nearly one year after it appears the corporation had entirely failed. The note thus given in evidence appears upon its face to be the note of the corporation, and not the note of the agent. The deficiency in the proof seems to me to be in not showing that the agent had power to bind, the corporation by instruments of…
2Cases cited1 opinion
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
3Cited by8 opinions
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Edwards v. Carson Water Co.Nevada Supreme Court · 1893
- Sanford Cattle Co. v. WilliamsColorado Court of Appeals · 1903
- Chicago Electric Light Renting Co. v. HutchinsonAppellate Court of Illinois · 1888
- Watson v. Bennett & WhiteNew York Supreme Court · 1851
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