Legal Opinion

Persons v. Gardner

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 6 opinions

Appeal by the defendants, William H. Gardner and others, from a judgment of the Supreme Court in favor of the plaintiffs and certain of the defendants (as to. whom the complaint was dismissed), entered in the office of the clerk of, the county of Erie on the 13tli day of May, 1904, upon the decision of the court rendered after a trial at the Erie Special Terna. ' ' ’

1Opinion of the Court

Williams, J.:

The judgment should be affirmed,, with costs.

The action was ■ brought by the receivers of the Bank of Commerce in Buffalo against the appellants Gardner, Chard, Miller and the estate of Gratwick, with. many others, as stockholders of the bank, to recover amounts 'sufficient to make good a deficiency in the assets. The capital stock of the bank was $200,000.' After the'trial had continued for some time a stipulation was made by the parties that' the deficiency in the assets was $100,000, an.d that-plaintiffs were entitled to recover fifty per cent of the par value of the stock to…

2Cases cited1 opinion

  1. Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by6 opinions

  1. Broderick v. AdamsonNew York Supreme Court · 1933
  2. Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1907
  3. Broderick v. Adamson (Gordon)New York Court of Appeals · 1936
  4. Newton v. BennettSupreme Court of Georgia · 1924
  5. Egbert v. AbramsSupreme Court of New Jersey · 1936

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