Cunningham v. Pell
New York Court of Chancery
The bill in this cause was filed to obtain satisfaction of a judgment in favor of the complainant, in the state of New-Jersey, against the Jersey Bank, and against D. Cooledge, Ferris Pell, Alfred S. Pell, R. Spencer, W. Lyon, S. Doughty and R. L. Stevens, as directors of that institution.
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The bill in this cause was filed to obtain satisfaction of a judgment in favor of the complainant, in the state of New-Jersey, against the Jersey Bank, and against D. Cooledge, Ferris Pell, Alfred S. Pell, R. Spencer, W. Lyon, S. Doughty and R. L. Stevens, as directors of that institution. The bank was incorporated in February, 1818, by the name of “The President, Directors and Company of the Jersey Bank and the 11th section of the act of incorporation is in the following words: “And be it enacted, that the private estate, both real and personal, of the president and directors of the said…
1Opinion of the Court
The Chancellor.
Independent of the objection of the want of proper parties, this bill cannot be sustained as a bill to obtain satisfaction of the judgment obtained against the corporation, and the seven directors thereof, in the state of New-Jersey. It is evident, from the bill itself, that the requirements of the statute were not complied with, so as to entitle the complainant to a judgment against the individual property of the directors of the bánk. The statute authorizes process to be issued against the president and directors, for the amount contained in the affidavit, upon which judgment…
2Cited by31 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Russell v. . McCallNew York Court of Appeals · 1894
- Hopkins v. Oxley Stave Co.Court of Appeals for the Eighth Circuit · 1897
- Heath v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1871
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