Legal Opinion

Ferguson v. Gill

New York Supreme Court

Decided December 15, 1893PublishedCited by 16 opinions

Appeal from circuit court, New York county. Action by James H. Ferguson and another, as surviving partners-of Henry Lovejoy, composing the firm of Lovejoy, Son & Co., against George H. Gill, to recover a debt of the Lithographoid Engraving & Printing Company, on the ground that defendant, being trustee of the company, joined in the making and filing of a false certificate that the capital stock had been paid in.

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Appeal from circuit court, New York county. Action by James H. Ferguson and another, as surviving partners-of Henry Lovejoy, composing the firm of Lovejoy, Son & Co., against George H. Gill, to recover a debt of the Lithographoid Engraving & Printing Company, on the ground that defendant, being trustee of the company, joined in the making and filing of a false certificate that the capital stock had been paid in. From an order setting aside a verdict in favor of defendant, and granting a new trial, defendant appeals.

1Opinion of the CourtO’Brien, J.

This action was brought to enforce a liability against defendant for certain debts of a corporation organized under the manufacturing act, (Laws 1848,) on the ground that he, being a trustee of that company, joined in the making and filing of a false certificate that the capital stock of the company had been paid in. The trial resulted in a verdict for the defendant, and thereupon the plaintiffs moved the trial court, on the minutes, to set aside the verdict and grant a new trial, on the ground that it was against the evidence, and on the ground of rulings made upon the trial, and upon all…

2Cases cited1 opinion

  1. Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881

3Cited by16 opinions

  1. Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
  2. People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
  3. Krakower v. DavisAppellate Terms of the Supreme Court of New York · 1897
  4. Northam v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  5. Lyons v. ConnorAppellate Division of the Supreme Court of the State of New York · 1900

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