Chemical National Bank v. Colwell
New York Court of Appeals
Appeal from judgment of the General Term of the Court of . Common Pleas for the city and county of New York, entered upon an order made February 10,1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought against defendants as directors of the New York Lumber Auction Company (Limited) to recover an indebtedness of the company because of failure on their part to tile an annual report.
Read the full summary
Appeal from judgment of the General Term of the Court of . Common Pleas for the city and county of New York, entered upon an order made February 10,1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought against defendants as directors of the New York Lumber Auction Company (Limited) to recover an indebtedness of the company because of failure on their part to tile an annual report. The -material facts are stated in the opinion. The plaintiff failed to show that the note in suit was the note of the New York Lumber Auction…
1Opinion of the CourtParker, J.
The debt which lies at the foundation of the judgment under review is alleged by the plaintiff to have been incurred by the “Hew York Lumber Auction Company (Limited),” a corporation organized pursuant to chapter 611 of the Laws of 1875. The corporation has no money with which to pay the obligation, and the assertion of defendant’s liability to respond therefor is based on the default of the corporation in making the annual report required by statute.
The defendant's denial of liability is placed on three grounds:
1. That the note having been made by the corporation payable to its own order,…
2Cases cited2 opinions
- Isham v. . BuckinghamNew York Court of Appeals · 1872
- Cutting v. . DamerelNew York Court of Appeals · 1882
3Cited by30 opinions
- Smith v. Great Basin Grain Co.Idaho Supreme Court · 1977
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- Lane v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 1903
- Steele v. Farmers & Merchants Mutual Telephone Ass'nSupreme Court of Kansas · 1915
- Tooker v. Inter-County Title Guaranty & Mortgage Co.New York Court of Appeals · 1946
25 more not listed; retrieve them via the Exa API.