Legal Opinion

Hirshfeld v. . Bopp

New York Court of Appeals

Decided February 26, 1895PublishedCited by 33 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 16, 1894, which affirmed an interlocutory judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer to the complaint.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 16, 1894, which affirmed an interlocutory judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer to the complaint. This action was brought by a creditor of the Madison Square Bank, an insolvent banking corporation organized under the banking laws of this state, now in the hands of a receiver, to enforce an alleged liability of the defendants, stockholders in said bank at the time of the appointment of the receiver, to the…

1Opinion of the Court

Andrews, Ch. J.

Section 52 of “ The Banking Law ” of 1892, is prefaced by the words, “ Individual liability of Stockholders,” and then proceeds as follows : “ Except as prescribed in the Stock Corporation Law, the stockholders of every such (banking) corporation, shall be individually responsible equally and ratably and not one for' another, for all contracts, debts and engagements of such corporation to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares.” The next and final clause of the section defines the term “…

2Cases cited6 opinions

  1. Shellington v. . HowlandNew York Court of Appeals · 1873
  2. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  3. In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
  4. Hardman v. . SageNew York Court of Appeals · 1891
  5. Hunting v. . BlunNew York Court of Appeals · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Howarth v. . AngleNew York Court of Appeals · 1900
  2. Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
  3. National Bank v. . DillinghamNew York Court of Appeals · 1895
  4. Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
  5. Bennett v. ThorneWashington Supreme Court · 1904

28 more not listed; retrieve them via the Exa API.

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