Herbert v. Duryea
Appellate Division of the Supreme Court of the State of New York
Appeal by John Duryea, the defendant in each of the above-entitled actions, from judgments of the Supreme Court in favor of the plaintiffs in each of said actions, entered in the office of the • clerk of the county of New York on the 19th day of January, 1898, upon the verdict of a jury rendered by direction of the.court, and also from orders entered in said clerk’s office on the 10th day of February, 1898, denying said defendant’s motion for a new trial made upon the…
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Appeal by John Duryea, the defendant in each of the above-entitled actions, from judgments of the Supreme Court in favor of the plaintiffs in each of said actions, entered in the office of the • clerk of the county of New York on the 19th day of January, 1898, upon the verdict of a jury rendered by direction of the.court, and also from orders entered in said clerk’s office on the 10th day of February, 1898, denying said defendant’s motion for a new trial made upon the minutes in each of said actions:
1Opinion of the Court
McLaughlin, J.:
These actions were brought against a stockholder of an insolvent corporation organized under the General Manufacturing Act (Chap. 40, Laws of 1848, and acts amending the same) to enforce a debt of the corporation, upon the ground that the whole amount of capital stock fixed and limited by the certificate of incorporation had never been paid in, and that no proper certificate, showing such payment, had ever been filed.
Three trials have been had in each action. Upon the first trial the plaintiffs recovered, but, upon appeal, the judgments .were reversed by the late General Term…
2Cases cited3 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Castner v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1897
- Rowell v. LambertNew York Supreme Court · 1892
3Cited by8 opinions
- John W. Cooney Co. v. Arlington Hotel Co.Court of Chancery of Delaware · 1917
- Stevens v. Episcopal Church History Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Lamphere v. . LangNew York Court of Appeals · 1915
- Ludlam v. Riverhead Bond & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Kimmel Sales Corp. v. LausterNew York Supreme Court · 1938
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