Miller v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also affirming an order denying a motion for a new trial. (Reported below, 57 Barb., 504, and 59 id., 434.) This action was brought against the defendants, as trustees of the “ Gutta Percha Manufacturing Company,” a corporation organized under the act to authorize the formation of corporations for manufacturing and other purposes (chapter 40, Laws of 1848), as amended, seeking to make them liable for a debt against the company under…
1Opinion of the CourtPeckham, J.
The statute under which the defendants’ liability is claimed, after requiring a report from the company of its condition to be made, filed and published annually, within twenty days from the first day of January, declares that if any company “ shall fail so to do, all the trustees of the company shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such report shall be made.” (Laws of 1848, p. 57, § 12; 2 R. S., 5th ed., 661.)
The report to be “ signed by the president and a majority of the trustees, and be verified by…
2Cases cited7 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Harger v. McCulloughNew York Supreme Court · 1846
- Decker v. . JudsonNew York Court of Appeals · 1857
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Moss v. McCulloughNew York Supreme Court · 1849
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3Cited by75 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Chase v. CurtisSupreme Court of the United States · 1885
- Schrader v. Manufacturers' Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Guerney v. MooreSupreme Court of Missouri · 1895
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