Cunningham v. Glauber
Appellate Division of the Supreme Court of the State of New York
Appeal by the' plaintiff, Michael C. Cunningham, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of -the county of Hew York on the 26th day of January, 1909, upon the decision of the court, rendered after a trial at the'Hew York Special Term, sustaining the defendants’ demurrer to the complaint and dismissing the said complaint.
1DissentClarke, J.
I dissent. In Marstaller v. Mills (143 N. Y. 398) plaintiff brought an action against the defendants as the trustees of the creditors and stockholders of a domestic business corporation to recover for the loss of services of his son, who was injured in the employment of the company. Subsequently to the time when he received those injuries the corporation was dissolved in the course of proceedings for its Voluntary dissolution. The court, reading'together section 5 of chapter 691 of the Laws of 1892, the Business Corporations Law — * * The dissolution of any such corporation for any cause…
2Cases cited3 opinions
- Marstaller v. . MillsNew York Court of Appeals · 1894
- Shayne v. . Evening Post Publishing Co.New York Court of Appeals · 1901
- General Railway Signal Co. v. CadeAppellate Division of the Supreme Court of the State of New York · 1907