Strong v. Wheaton
New York Supreme Court
APPEAL from a judgment rendered at the circuit. The cause was tried before the court without a jury. The action was brought against the defendant to recover for work and labor done by the plaintiff and his servants for the American Printing Press Company, a corporation duly organized under the general law of .1848, regulating the incorporation of manufacturing companies, and located at Oneida depot in Madison county. The defendants were stockholders in said company.
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APPEAL from a judgment rendered at the circuit. The cause was tried before the court without a jury. The action was brought against the defendant to recover for work and labor done by the plaintiff and his servants for the American Printing Press Company, a corporation duly organized under the general law of .1848, regulating the incorporation of manufacturing companies, and located at Oneida depot in Madison county. The defendants were stockholders in said company. On the trial the plaintiff gave evidence as to the length of time he was in the employ of the company, but it was very loose and…
1Opinion of the Court
By the Court, Mullin, J.
To entitle the plaintiff to recover he was bound to prove, not only the existence of the corporation, the recovery of a judgment against it, the issuing and return of an execution unsatisfied in whole or in *618part, but the performance of labor to some amount, and that the defendants were stockholders.
It is insisted by the appellants’ counsel that there is no legal proof of service rendered to an amount equal to the sum recovered. The plaintiff himself was called, and testified that he commenced work for the corporation in December, 1856, and worked to the last of…
2Cases cited3 opinions
- United States v. HughesSupreme Court of the United States · 1851
- Slee v. BloomCourt for the Trial of Impeachments and Correction of Errors · 1822
- Moss v. McCulloughNew York Supreme Court · 1849
3Cited by18 opinions
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Exchange Bank v. FordSupreme Court of Colorado · 1884
- Munzinger v. United PressAppellate Division of the Supreme Court of the State of New York · 1900
- Assets Realization Co. v. HowardNew York Supreme Court · 1911
- Bissit v. Kentucky River Navigation Co.District Court, E.D. Kentucky · 1882
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