Legal Opinion

United Glass Co. v. . Vary

New York Court of Appeals

Decided March 2, 1897PublishedCited by 18 opinions

Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 28, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 28, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court, having the entire property and estate of the refrigerator company under its control and in the hands of its own officer, issued an order restraining any creditor from bringing any action against such company to enforce its liability for debt, and…

1Opinion of the Court

Andrews, Ch. J.

The liability imposed upon stockholders in a manufacturing corporation, organized under chapter 40 of the Laws of 1848, by section 10 of the act and the amendments thereto, for the debts of the company, is controlled by section 24. By that section it is made a condition precedent to the maintenance of an action to enforce the liability of a stockholder created by section 10, that a suit for the recovery of the debt should have first been brought against the company and “ an execution against the company shall have been returned unsatisfied in whole or in part.” (Handy v.…

2Cases cited8 opinions

  1. Shellington v. . HowlandNew York Court of Appeals · 1873
  2. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  3. Estes v. . WilcoxNew York Court of Appeals · 1876
  4. Hardman v. . SageNew York Court of Appeals · 1891
  5. Baker v. . JohnsonNew York Court of Appeals · 1870

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Mueller v. BrussWisconsin Supreme Court · 1901
  2. Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
  3. Firestone Tire Rubber Co. v. . AgnewNew York Court of Appeals · 1909
  4. Eiffert v. Pennsylvania Central Brewing Co.Superior Court of Pennsylvania · 1940
  5. Gause v. BoldtNew York Supreme Court · 1906

13 more not listed; retrieve them via the Exa API.

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