Herbert v. Duryea
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Separate actions by Henry L. Herbert and another, and Samuel W. Castner and another, against John Duryea. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
These actions were brought against a stockholder of an insolvent corporation organized under the general manufacturing act (chapter 40, Laws 1848, and acts amending the same), to enforce a debt of the corporation upon the ground that the whole amount of capital stock fixed and limited by the certificate of incorporation had never been paid in, and that no proper certificate showing such payment had ever been filed. Three trials have been had in each action. Upon the first trial the plaintiffs recovered, but upon appeal the judgments were reversed by the late general term, upon the ground that…
2Cases cited5 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Castner v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1897
- Rowell v. LambertNew York Supreme Court · 1892
- Herbert v. DuryeaNew York Supreme Court · 1895
- Castner v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- John W. Cooney Co. v. Arlington Hotel Co.Court of Chancery of Delaware · 1917