Simonson v. Spencer
New York Supreme Court
Error from the superior court of the city of New-York. Spencer and two others brought an action against Simonson, as a stockholder in the Harlaem Canal Company, to recover ' $200, the nominal amount of stock owned by him, as part and parcel of a demand which the plaintiffs had against the company.
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Error from the superior court of the city of New-York. Spencer and two others brought an action against Simonson, as a stockholder in the Harlaem Canal Company, to recover ' $200, the nominal amount of stock owned by him, as part and parcel of a demand which the plaintiffs had against the company. The plaintiffs declared in debt, setting forth that part of the act of incorporation of the company, subjecting the stockholders jointly and severally to the payment of the debts of the company, to the nominal amount of the stock held by them, and then alleging that the company was indebted to the…
1Opinion of the Court
Upon the above points the following opinion was delivered :
By the Court,
Savage, Ch. J.
It was contended that the declaration should have been special, upon the special contracts, which it was proved existed between the plaintiffs below and the Harlaem Canal Company. I apprehend that was not necessary. It was averred and proved that the company was indebted to the plaintiffs for work and labor upon the canal, and that payment had been refused by the officers of the company. That was sufficient.
As to the remaining question, whether the action was maintainable at law: That an action may be…
2Cases cited1 opinion
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
3Cited by7 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Ladd & Bush v. CartwrightOregon Supreme Court · 1879
- Spence v. ShapardSupreme Court of Alabama · 1877
- Love v. Pusey & Jones Co.Superior Court of Delaware · 1902
- Bailey & Storm v. BanckerNew York Supreme Court · 1842
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