Billings v. . Robinson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 3, 1882, which affirmed a judgment in favor of defendant, entered upon the report of a referee.
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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 3, 1882, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 28 Hun, 122.) This action was brought by plaintiff, as receiver of the Marshall Packing Company, a corporation organized under the act providing for the incorporation of manufacturing corporations, to recover a balance alleged to be due upon a subscription for fifty shares of the capital stock of said company, also to recover a balance alleged to be…
1Opinion of the CourtFinch, J.
We may dismiss all consideration of the defend: ant’s alleged liability for the fifty shares of stock purchased by him with the single remark that, as those shares were transferred to Marshall in a valid and effectual manner, and such transfer was found by the referee as matter of fact to have been absolute and in entire good faith, which finding has been reviewed and affirmed by the General Term, it follows that no liability for calls . made after the transfer rested upon him, and to that extent we must hold the judgment to have been right.
But the question as to the defendant’s liability for…
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