Briggs v. Easterly
New York Supreme Court
ACTION against the defendants, as trustees of the “ Stevenson Manufacturing Company,” to recover the amount of certain debts of the company under and by virtue of the statute. (2 JR. 8. 661, § 12, 5th ed.) The defendant Easterly alone defended. The corporation was organized in February, 1868, under the general act, and its place of business was Auburn, where all the parties resided, and the number of trustees was six, who were named in the certificate.
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ACTION against the defendants, as trustees of the “ Stevenson Manufacturing Company,” to recover the amount of certain debts of the company under and by virtue of the statute. (2 JR. 8. 661, § 12, 5th ed.) The defendant Easterly alone defended. The corporation was organized in February, 1868, under the general act, and its place of business was Auburn, where all the parties resided, and the number of trustees was six, who were named in the certificate. The corporation carried on business from its organization till in the summer of 1869,. and no report was made, published or filed in January…
1Opinion of the Court
By the Court,
Johnson, J.
This case is not distinguishable in its facts, and upon the general merits, from that of 0raw v. Easterly, decided-by this -court in June term last, and must be governed by that decision. ■ We there held that the defendant, Easterly, was not a lawful trustee of the corporation, and had not become personally liable for the debts thereof, by reason of the default of the trustees in making their report as required by statute. We do not propose to review that decision, on that point.
There is one feature of this case, however, which deserves consideration, in view of the…
2Cases cited1 opinion
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
3Cited by13 opinions
- Diamond v. DiamondNew York Court of Appeals · 1954
- Knox v. . BaldwinNew York Court of Appeals · 1880
- Easterly v. BarberCommission of Appeals · 1875
- Fransac Corp. v. Avnet, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- City of St. Louis v. SpeckSupreme Court of Missouri · 1878
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