Straus v. Sage
New York Court of Common Pleas
Action by Lazarus Straus and others against Wiarren Sage and others to charge defendants, as trustees, with corporate debts. Defendant Sage demurs to the complaint.
1Opinion of the CourtGiegerich, J.
The statute under which the demurrant herein is sought to be charged provides, as requisites to his liability, that the debt of the corporation should have been contracted while he was acting in the capacity of a director, should be payable within one year from the time when it was contracted, and should be sued upon within one year after it became due. Laws 1875, c. 267, § 8. To maintain an action upon a statute, every fact necessary to bring the case under the statute must be- pleaded, (Austin v. Goodrich, 49 N. Y. 266; Abb. Tr. Brief Pl. § 342, p. 279;) and, unless it can be held that the…
2Cases cited6 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Rogers v. . DeckerNew York Court of Appeals · 1892
- Austin v. . GoodrichNew York Court of Appeals · 1872
- Hardman v. . SageNew York Court of Appeals · 1891
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Buckley v. HarrisonNew York Court of Common Pleas · 1895
- Straus v. SageNew York Court of Common Pleas · 1894