Rose v. Chadwick
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon E. Rose, from a judgment of the Supreme Court in favor of the defendants, George W. Chadwick and George W. Lynn, entered in the office of the clerk of the county of Oneida on the 8th day of April, 1896, upon the dismissal of the complaint directed by the court after a trial before the court without a jury at a Trial Term of the Supreme Court, held in and for the county of Oneida, and also from an order entered in said clerk’s office on the 7th…
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Appeal by the plaintiff, Simon E. Rose, from a judgment of the Supreme Court in favor of the defendants, George W. Chadwick and George W. Lynn, entered in the office of the clerk of the county of Oneida on the 8th day of April, 1896, upon the dismissal of the complaint directed by the court after a trial before the court without a jury at a Trial Term of the Supreme Court, held in and for the county of Oneida, and also from an order entered in said clerk’s office on the 7th day of April, 1896, directing that said complaint be dismissed.
1Opinion of the Court
Follett, J.:
This action was brought by a creditor of the Chadwick Leather Company, a business corporation organized under the laws of this *312State, against the directors thereof to recover his debt of them on the ground that they had failed to file annual reports in January, 1894, and in January, 1895, as required by the. 30th section of" the Stock Corporation Law (Laws of 1892, chap. 688).
Two of the defendants answered and admitted that the reports had not been filed, and alleged that the claim of the plaintiff had been fully paid.
When the case was moved for trial the complaint was dismissed…
2Cases cited4 opinions
- Miller v. . WhiteNew York Court of Appeals · 1872
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Green v. EastonNew York Supreme Court · 1893
- State Bank of Rock Valley v. AndrewsNew York Court of Common Pleas · 1893
3Cited by8 opinions
- Stroud v. . Transportation Co.Supreme Court of North Carolina · 1939
- Camp Manufacturing Co. v. ReamerAppellate Division of the Supreme Court of the State of New York · 1897
- Stroud ex rel. Caudie v. Southern Oil Transportation Co.Supreme Court of North Carolina · 1939
- Milsom Rendering & Fertilizer Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1897
- Milsom Rendering & Fertilizer Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1897
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