Sanford v. Rhoads
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Sanford, from a judgment of the Supreme Court in favor of' the defendants, entered in the office of' the clerk of 'the county'of Dutchess on the 1st day of September, 1905, pursuant to an order made at" the Dutchess County'Trial Term and entered in the office of the clerk of the county of Dutchess on the 31st day of May, 1905, dismissing the complaint on the ground that it failed to state facts sufficient to constitute a cause of action, and…
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Appeal by the plaintiff, Robert Sanford, from a judgment of the Supreme Court in favor of' the defendants, entered in the office of' the clerk of 'the county'of Dutchess on the 1st day of September, 1905, pursuant to an order made at" the Dutchess County'Trial Term and entered in the office of the clerk of the county of Dutchess on the 31st day of May, 1905, dismissing the complaint on the ground that it failed to state facts sufficient to constitute a cause of action, and also from the said order pursuant to which the judgment appealed from, was entered. ...
1Opinion of the Court
Miller, J.:
The defendants are stockholders of a full liability corporation, and the action is to recover rent, taxes and assessments *783pursuant to two written leases made respectively in 1892 and 1894 for the period of twenty and ten years respectively, and assigned to said corporation in 1896, which entered into the possession of the premises and assumed the obligations of said- leases. The annual rent was payable quarterly in advance. The precise point presented is whether section 55 of the Stock Corporation Law is applicable, and if so, whether the obligations sued upon were debts contracted…
2Cases cited4 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Cochran v. . WiechersNew York Court of Appeals · 1890
- Gold v. . ClyneNew York Court of Appeals · 1892
- Adams v. WallaceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Doehler v. Real Estate Board of New York Building Co.New York Supreme Court · 1934
- Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
- Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Dunn v. NeustadtlAppellate Terms of the Supreme Court of New York · 1911
- In re the Estate of WoodNew York Surrogate's Court · 1939
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