Herkimer Manufacturing & Hydraulic Co. v. Small
New York Supreme Court
Demurrer to plea. The plaintiffs declared on subscriptions for stock made by the defendant. The plaintiffs are an incorporated company. The defendant subscribed for 21 shares of $100 each, upon which stock, calls were made to the amount of ninety per cent, and for the non-payment of which, upon the shares owned by the defendant, this action was brought.
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Demurrer to plea. The plaintiffs declared on subscriptions for stock made by the defendant. The plaintiffs are an incorporated company. The defendant subscribed for 21 shares of $100 each, upon which stock, calls were made to the amount of ninety per cent, and for the non-payment of which, upon the shares owned by the defendant, this action was brought. The facts were set forth in various forms in Jive separate counts of the declaration, which also contained a sixth count of indebitatus assumpsit, in which the plaintiffs demanded $3000, for money lent and advanced, paid, laid out and…
1Opinion of the Court
By the Court,
Cowen, J.
It is objected that the plea does not even profess to answer the whole of the sixth count, nor does it aver such a notice of a call for the 15th of May as shows the forfeiture to be regularand several other formal objections are made, which it is not necessary to consider, for we are satisfied that the principle on which the pleader relied is unsound. ' ■
*275The plea concedes that when the suit was commenced, the plaintiffs had a good cause of action. The defendant had promised to pay, which he had refused to do after demand and notice. This, it is true, was in consideration…
2Cases cited3 opinions
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Hicok v. CoatesNew York Supreme Court · 1829
- Spencer v. Executors of HarfordNew York Supreme Court · 1830
3Cited by25 opinions
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
- Palmer v. LawrenceThe Superior Court of New York City · 1849
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Central Hanover Bank v. Roslyn Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
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