Jones v. Butler
New York Supreme Court
Appeal from special term, Kings county. Action by Merritt A. Jones against- Charles H. Butler to enforce the personal liability of defendant as a stockholder of the New York Advertising Agency, Limited, on the ground that a certificate of the full payment of the capital stock was not filed in the New York county clerk’s office.
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Appeal from special term, Kings county. Action by Merritt A. Jones against- Charles H. Butler to enforce the personal liability of defendant as a stockholder of the New York Advertising Agency, Limited, on the ground that a certificate of the full payment of the capital stock was not filed in the New York county clerk’s office. From an order and interlocutory judgment sustaining the demurrer to portions of the answer, and from an order denying a motion to retax costs, defendant appeals.
1Opinion of the CourtBrown, P. J.
The questions raised by the demurrers in this action were decided by this general term adversely to the defendant’s contention in Jones v. Publishing Co. (Sup.) 30 N. Y. Supp. 335. We are of the opinion, however, that in the taxation of costs the plaintiff was improperly allowed the item for proceedings before notice of trial. The judgment is interlocutory, and not final. The defendant is allowed to amend his answer. When the case is finally determined, if plaintiff succeeds, he will be entitled, to that item; but, upon sustaining a demurrer with permission to plead anew, costs should be…
2Cases cited1 opinion
- Jones v. Mail & Exp. Pub. Co.New York Supreme Court · 1894
3Cited by5 opinions
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Garrett v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Marsh v. GrahamNew York Supreme Court · 1897
- Garrett v. WoodNew York Supreme Court · 1898
- Chase v. DrakeAppellate Division of the Supreme Court of the State of New York · 1904