May v. Charlouis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jean I. Charlouis and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of January, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendants’ demurrer to the amended complaint.
1Opinion of the Court
Jenks, J.:
If this action was to enforce the subscriptions of the defendants to the* stock of the corporation, the demurrer would he good because it *128appears that section 41 of the Stock Corporation Law (Laws of 1892, chap. 688) which requires that each subscriber shall pay in cash at the time ’ of subscription ten per cent of his subscription was not complied with. (Hapgoods v. Lusch, No. 1, 123 App. Div. 23, and cases cited.) But the plaintiff complains that the loan to the corporation was made at the request of the defendants, upon the security and faith of the agreement executed by…
2Cases cited3 opinions
- Handy v. . DraperNew York Court of Appeals · 1882
- Hapgoods v. LuschAppellate Division of the Supreme Court of the State of New York · 1907
- Knickerbocker Trust Co. v. HardAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Harriman National Bank v. PalmerCity of New York Municipal Court · 1916
- May v. CharlouisAppellate Division of the Supreme Court of the State of New York · 1908