Horrocks Desk Co. v. Fangel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Horrocks Desk Company, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 27th day of January, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the defendants’ answer.
1Opinion of the CourtPatterson, J.
The defendants were trustees of the J. P. Fangel Manufacturing Company, and it is sought to hold them liable for neglect to file during the month of January, 1901, an annual report of that company as required by section 30 of the Stock Corporation Law. As an affirmative defense they set up in their answer that on the 2d day of January, 1901, the directors of the company made a general assignment of all the goods, etc., of the corporation to an assignee for the benefit of creditors, which assignment was duly filed on the 3d day of January, 1901, in the office of the clerk of the city and…
2Cases cited9 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Losee v. . BullardNew York Court of Appeals · 1880
- Kelly v. . WestNew York Court of Appeals · 1880
- Gold v. . ClyneNew York Court of Appeals · 1892
- Huguenot National Bank of New Paltz v. . StudwellNew York Court of Appeals · 1878
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3Cited by4 opinions
- In re Wil-Low Cafeterias, Inc.District Court, S.D. New York · 1937
- Costello v. OuttersonAppellate Division of the Supreme Court of the State of New York · 1906
- Stevenson v. CowanAppellate Division of the Supreme Court of the State of New York · 1903
- Stevenson v. CowanAppellate Division of the Supreme Court of the State of New York · 1903