Witherhead v. Allen
New York Court of Appeals
George Witherhead sued Elijah B. Allen and nine others in the supreme court to charge them as members of a joint-stock company. The action was commenced under the statute of 1849, entitled “ An act in relation to suits by and against joint-stock companies and associations,” as amended in 1853, against the appellants and seven other persons, alleged to bo members of a joint-stock association, after judgment and execution against the company.
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George Witherhead sued Elijah B. Allen and nine others in the supreme court to charge them as members of a joint-stock company. The action was commenced under the statute of 1849, entitled “ An act in relation to suits by and against joint-stock companies and associations,” as amended in 1853, against the appellants and seven other persons, alleged to bo members of a joint-stock association, after judgment and execution against the company. By section 1 of that act, "any joint-stock company or assoeiation consisting of seven or more shareholders or associates, may sue and be sued in the name…
1Opinion of the Court
By the Coubt,
J. M. Parker, J.
[After stating the facts.]—The question brought here by the appeal is upon the issue of law raised by the demurrer: Does the complaint state facts sufficient to constitute a cause of action ? Manning v. Tyler, 21 N. Y. 567; Id. 502; East River Bank v. Rogers, 7 Bosw. 493.
[The learned judge then recited the statutes above quoted.] —The joint-stock companies mentioned in these acts, are not corporations, but mere partnership concerns, in which the shareholders are partners, and all individually liable as such, These statutes, however, modify the common law in its…
2Cases cited2 opinions
- Manning v. . TylerNew York Court of Appeals · 1860
- East River Bank v. RogersThe Superior Court of New York City · 1860
3Cited by5 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- People Ex Rel. Winchester v. . ColemanNew York Court of Appeals · 1892
- Cohen v. WagarAppellate Division of the Supreme Court of the State of New York · 1903
- Flagg v. SwiftNew York Supreme Court · 1881
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1899