Cuykendall v. Miles
U.S. Circuit Court for the District of Massachusetts
Action of Contract. The plaintiff sued as receiver of the Dodge & Stevenson Manufacturing Company, a corporation established under the general laws of New York, having its principal place of business at Auburn, in Cayuga county.
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Action of Contract. The plaintiff sued as receiver of the Dodge & Stevenson Manufacturing Company, a corporation established under the general laws of New York, having its principal place of business at Auburn, in Cayuga county. The declaration averred that the whole amount of the capital stock fixed and limited by the company had never been paid in, and no certificate thereof had been made and recorded; that the company carried on business until August 31, 1874, when it was dissolved by resolutions, which are set out; that on June 15, 1876, the plaintiff was duly appointed receiver of the…
1Opinion of the CourtLowell, C. J.
The assessment sought to be recovered in this action was made under the general law of New York governing manufacturing corporations, as modified in relation to those established in Herkimer and Cayuga counties by later laws. These statutes are construed and passed upon in Walker v. Crain, 17 Barb. 119; Story v. Furman, 25 N. Y. 214; Hurd v. Tallman, 60 Barb. 272; Cuykendall v. Douglass, 19 Hun. 577; Re Dodge & Stevenson Mannf’g Co. 77 N. Y. 101. The last two of these decisions relate to this assessment and maintain its validity. The allegations of the declaration are sufficient to bring the…
2Cases cited25 opinions
- Pollard v. BaileySupreme Court of the United States · 1874
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Terry v. LittleSupreme Court of the United States · 1880
- Terry v. TubmanSupreme Court of the United States · 1876
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3Cited by3 opinions
- Western National Bank v. LawrenceMichigan Supreme Court · 1898
- Whitman v. National BankCourt of Appeals for the Second Circuit · 1897
- McVickar v. JonesU.S. Circuit Court for the District of New Hampshire · 1895