Beardsley v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought against defendants as stockholders of the Eastern Railroad Company of Long Island, to recover ■the amount of their unpaid subscriptions to said stock to satisfy an alleged judgment against said company upon which execution had been returned unsatisfied. The material facts are stated in the opinion. The election of directors…
1Opinion of the CourtEarl, J.
At some time prior to September, 1881, the plaintiffs became creditors of the Eastern Railroad Company .of Long Island, and they claim that on the 28th day of July, 1883, they commenced an action for the recovery of their debt against the company by the service of the summons therein upon Martin Gf. Johnson, who was claimed at the time to he vice-president or president and a director of the company. In pursuance of such service, they entered judgment against the company by default on the twenty-eighth day of August thereafter, for upwards of $14,000. Execution was issued upon that judgment…
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