Miller v. White
New York Supreme Court
Appeal from a judgment. This action was brought by George W. Miller against John P. White and others, to recover from them, as trustees of the Gutta Percha Manufacturing Co., a debt due from, that corporation which had been established by judgment obtained on a trial in a previous action against the corporation, for commissions on sales made for the company, in pursuance of a contract made August 1, 1863. Execution on the judgment had been returned unsatisfied, and the…
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Appeal from a judgment. This action was brought by George W. Miller against John P. White and others, to recover from them, as trustees of the Gutta Percha Manufacturing Co., a debt due from, that corporation which had been established by judgment obtained on a trial in a previous action against the corporation, for commissions on sales made for the company, in pursuance of a contract made August 1, 1863. Execution on the judgment had been returned unsatisfied, and the plaintiff brought this action as shown in the opinion. This is the second time the case has come before this court. The…
1Opinion of the Court
By the Court.*—Tappen, J.
The plaintiff recovered a judgment against the Ghitta Percha Manufacturing Company, for the sum - of twenty-four thousand seven hundred and thirty-four dollars and sixty-two cents, June 27, 1866 ; and, the same being unpaid, after execution issued and returned wholly unsatisfied, the plaintiff brings this action against the defendants, *387alleging that they were trustees of the company, and that the company neglected to file an annual report, as required by the general act of February 17, 1848, and the acts amendatory thereof, and that, therefore, by force of the statute…
2Cases cited9 opinions
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Moss v. McCulloughNew York Supreme Court · 1849
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
- Clute v. CluteNew York Supreme Court · 1847
- Renouil v. HarrisThe Superior Court of New York City · 1849
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