Duckworth v. . Roach
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Rew York, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Rew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 8 Daly, 159.) This action was brought against defendants as trustees of the “ .¿Etna Iron Works,” a corporation organized under the General Manufacturing Act (chap. 40, Laws of 1848) to recover the amount of a debt due the plaintiff from the corporation because of alleged failure to file an annual report in January, 1875. The material facts appear in the opinion. The fact that defendants refused…
1Opinion of the CourtDanforth, J.
The plaintiff has brought the defendants within the statute (Laws of 1848, chap. 40, § 12), and against the penalty imposed thereby, they stand undefended.
First. The defendants’ counsel is in error in supposing that “ an action against the trustees of a manufacturing corporation must be commenced within three years after the debt of the company arose.” It is immaterial when the debt arose if it exists and might bo the subject of an action at the time default is made in complying with the provisions of the above section. Here the debt was contracted in 1873. It was for money borrowed in April…
2Cases cited1 opinion
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
3Cited by7 opinions
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Morgan v. . HedstromNew York Court of Appeals · 1900
- Chapman v. . LynchNew York Court of Appeals · 1898
- Blake v. ClausenNew York Supreme Court · 1896
- Chapman v. ComstockNew York Supreme Court · 1890
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