American Grocery Co. v. Pratt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the American Grocery Company, from a judgment of the Supreme Court in favor of the defendant, Charles M. Pratt, entered in the office of the clerk of the county of New York on the 5th day of May, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Barrett, J.:
This is an action to recover from the directors of a. corporation known as the the United States and Brazil Steamship Company a debt due .by that corporation to the- plaintiff. The action is based upon an alleged failure on the part of these directors to file an annual report for the year 1891, as required by the statute. (See Laws of 1890, chap. 564, § 30; Laws of 1892, chap. 2, § 1; Id. chap. 688, § 30.) A report was filed by the directors upon the 16th day of January, 1892. This report was, as said in Whitney Arms Co. v. Barlow (63 N. Y. 67), “ professedly in compliance with…
2Cases cited2 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Bonnell v. . GriswoldNew York Court of Appeals · 1880
3Cited by3 opinions
- Lilienthal v. BetzAppellate Division of the Supreme Court of the State of New York · 1901
- Western National Bank v. FaberNew York Supreme Court · 1899
- Winthrop Press v. PerkinsNew York Supreme Court · 1905