Hollingshead v. . Woodward
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1885. the nature of which and of the action, and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1885. the nature of which and of the action, and the material facts are stated in the opinion. The statute which creates the personal liability of stockholders, also provides that no suit shall be brought against any stockholder who shall cease to be a stockholder in any such company, for any debts so contracted, unless the same shall be commenced within two years from the time he shall have ceased to be a stockholder in such company.…
1Opinion of the CourtDanforth, J.
This action was brought by the plaintiff, as a creditor of the “ Eagle Mowing and Reaping Machine Manufacturing Company,” against the defendant as a stockholder therein, to the amount of 125 shares of its capital stock. The defendant, by way of answer, set up three defenses. The plaintiff demurred to the second and third defenses for the reason, as alleged, that “ neither states fácts sufficient to constitute a defense to the action.” At Special Term the court held that each defense was sufficient, the second to so much of the complaint as it undertook to answer, and the third as to the…
2Cases cited6 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Kincaid v. . DwinelleNew York Court of Appeals · 1875
- Slee v. BloomNew York Court of Chancery · 1821
- Sebastian Bradt v. . Ephraim BenedictNew York Court of Appeals · 1858
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3Cited by12 opinions
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- Assets Realization Co. v. HowardNew York Supreme Court · 1911
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- Noble v. EulerAppellate Division of the Supreme Court of the State of New York · 1897
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