Gause v. Boldt
New York Supreme Court
■ Action to establish a claim against the Commonwealth Trust Company and to enforce the statutory liability of its directors.
1Opinion of the CourtLeventritt, J.
The plaintiff seeks in this action both to establish his claim, as a creditor, against the Commonwealth Trust Company, and to enforce the statutory liability of its stockholders. A number of the defendant stockholders have demurred to the complaint upon the ground, among others, that it does not state a cause of action in that it fails to allege the recovery of a judgment against the trust company and the return, unsatisfied, of an execution thereon, prerequisites to the right to maintain an action against them as stockholders. They invoke section 55 of the Stock Corporation Law which, so far…
2Cases cited4 opinions
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
- People Ex Rel. Angerstein v. KenneyNew York Court of Appeals · 1884
- United Glass Co. v. . VaryNew York Court of Appeals · 1897
3Cited by9 opinions
- Cole v. Associated Construction Co.Supreme Court of Connecticut · 1954
- Chapple v. National Hardwood Co.Michigan Supreme Court · 1926
- Cheney v. ScharmannAppellate Division of the Supreme Court of the State of New York · 1911
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1967
- Ming v. SimpkinsNew York Supreme Court · 1968
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