McComb v. Belknap
New York Supreme Court
Trial before a referee. The action was brought by James J. McComb as a creditor of the Madrid Apartment Association, a corpora, tion formed under the L. 1871, c. 535, against Robert L. Belknap, a trustee of such corporation, to charge him with a personal liability for the debt of the corporation, because of an omission by his co-trustees to file an annual report within the time required.
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Trial before a referee. The action was brought by James J. McComb as a creditor of the Madrid Apartment Association, a corpora, tion formed under the L. 1871, c. 535, against Robert L. Belknap, a trustee of such corporation, to charge him with a personal liability for the debt of the corporation, because of an omission by his co-trustees to file an annual report within the time required. Plaintiff sought to recover upon the ground that section 12 of the Manufacturing Act (L. 1848, c. 40), requiring corporations formed thereunder to. file annual reports, and imposing a personal liability upon…
1Opinion of the Court
Francis Lynde Stetson, Referee.
After long and •careful consideration, though not without lingering doubt as to soundness of the point taken by the learned counsel for the defendant, I have concluded to grant his motion for a dismissal of the complaint solely upon the ground' that the defendant is not subject to the penalties imposed by the twelfth section of the Manufacturing Corporations Act of 1848 (chap. 40).
I have reached this conclusion, first, because the point, if well taken, is decisive in favor of the defendant, .and if apparently sound may properly be entertained by the trial court,…
2Cases cited8 opinions
- United States v. LacherSupreme Court of the United States · 1890
- The People v. . Knickerbocker Ice Co.New York Court of Appeals · 1885
- Bonnell v. . GriswoldNew York Court of Appeals · 1880
- People Ex Rel. Cooke v. . WoodNew York Court of Appeals · 1877
- Health Department v. . KnollNew York Court of Appeals · 1877
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