Legal Opinion

Heacock v. Sherman

New York Supreme Court

Decided July 15, 1835PublishedCited by 33 opinions

Error from the Erie common pleas. Sherman brought an an action on the case, in a justice’s court, against Heacock and Lockwood, as stockholders of an incorporated company, called the Buffalo Hydraulic Association, charging a bridge belonging to to the association to be out of repair, by means whereof a horse of the plaintiff fell through the bridge, and was so greatly injured as to die in consequence of the injuries received by the fall The defendants pleaded the general…

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Error from the Erie common pleas. Sherman brought an an action on the case, in a justice’s court, against Heacock and Lockwood, as stockholders of an incorporated company, called the Buffalo Hydraulic Association, charging a bridge belonging to to the association to be out of repair, by means whereof a horse of the plaintiff fell through the bridge, and was so greatly injured as to die in consequence of the injuries received by the fall The defendants pleaded the general issue. The cause was tried before the justice, who rendered judgment for 050 damages. The defendants appealed to the common…

1Opinion of the Court

By the Court,

Nelson, J.

The eighth section of the act incorporating the Buffalo Hydraulic Association, (Statutes of 1827, page 45,) enacts: “ That the stockholders of the said corporation shall be holden jointly and severally to the nominal amount of their stock, for the payment of all debts contracted by the said corporation, or by their agents; and any person or persons having any demand against the said corporation, may sue any stockholder or stockholders, in any court having cognizance thereof, and recover the same with costs; provided that no stockholder shall be obliged to pay more in…

2Cited by33 opinions

  1. Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
  2. Chase v. CurtisSupreme Court of the United States · 1885
  3. Nickelsburg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
  4. Requa v. . the City of RochesterNew York Court of Appeals · 1871
  5. Savage v. ShawMassachusetts Supreme Judicial Court · 1907

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