National Bank v. . Dillingham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1895,, which affirmed an interlocutory judgment entered upon a decision of the court at Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The action cannot be maintained because of the absence, as parties, of the other creditors of the- corporation.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1895,, which affirmed an interlocutory judgment entered upon a decision of the court at Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The action cannot be maintained because of the absence, as parties, of the other creditors of the- corporation. The corporation itself is also a necessary party to the action. [Corning v. McCullough, 1 N. Y. 47; Rogers v. Decker, 131 N.…
1Opinion of the CourtO’Bbien, J.
This action was brought to recover upon four promissory notes, aggregating $20,000, made by the Auburn Woolen Company, a manufacturing corporation created under the act of .1848. The plaintiff brings the action in its own behalf against the defendants, who are the trustees of the corporation, and who, it is claimed, are liable in an action at law for the amount of the notes, upon the ground that, before any of them were made, other debts had been created by the corporation which equaled and exceeded the amount of its paid-up capital stock, and that the trustees, by assenting to the making of…
2Cases cited12 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Hornor v. HenningSupreme Court of the United States · 1876
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Woodworth v. BowlesSupreme Court of Kansas · 1900
- Cruz v. Ramírez de ArellanoSupreme Court of Puerto Rico · 1954
- Moss v. SmithCalifornia Supreme Court · 1916
- Heine v. DegenIllinois Supreme Court · 1935
44 more not listed; retrieve them via the Exa API.