Bank of Metropolis v. . Faber
New York Court of Appeals
Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1896, and from an interlocutory judgment of the Supreme Court, entered February 1Y, 1896, which affirmed an interlocutory judgment of the Court of Common Pleas for the city and county of New York, in favor of plaintiff, overruling a demurrer to the complaint.
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Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1896, and from an interlocutory judgment of the Supreme Court, entered February 1Y, 1896, which affirmed an interlocutory judgment of the Court of Common Pleas for the city and county of New York, in favor of plaintiff, overruling a demurrer to the complaint. The case was brought up by a certificate from the Appellate Division, which certified the following question of law for decision: “ Whether, under the laws of the state of New York, in force at the time of the…
1Opinion of the CourtO’Brien, J.
This appeal presents the question as to the sufficiency of the complaint in an action against the trustee or director of a business corporation to hold him for the debt of the corporation, when there was neglect or omission to file the annual report of the condition of the corporation. There was a demurrer to the complaint, which has been overruled by the courts below, and the question of law has been certified to this court by the Appellate Division. In a broader sense the case involves the inquiry whether there was any law in force under which the defendant could be held liable for the debt…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- People v. . WilmerdingNew York Court of Appeals · 1893
- White v. Inebriates' Home for Kings CountyNew York Court of Appeals · 1894
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3Cited by15 opinions
- President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
- State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
- Morgan v. . HedstromNew York Court of Appeals · 1900
- State ex rel. Board of Regents of Normal Schools v. DonaldWisconsin Supreme Court · 1916
- Gerdts v. GerdtsSupreme Court of Minnesota · 1936
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