Legal Opinion

Kingsland v. Braisted

New York Supreme Court

Decided April 15, 1870PublishedCited by 6 opinions

Action by the members of a firm of E. A. Kingsland & Co., against the defendants, as members of “ The Kavanagli Association,” to recover upon an indebtedness of the association for goods sold, after judgment recovered, and execution returned nulla bona, in a suit against the association in the name of its president.

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Action by the members of a firm of E. A. Kingsland & Co., against the defendants, as members of “ The Kavanagli Association,” to recover upon an indebtedness of the association for goods sold, after judgment recovered, and execution returned nulla bona, in a suit against the association in the name of its president. The plaintiffs had judgment for the indebtedness, with interest, and costs in the suit against the association, which was incorporated, arid the defendants appealed. The facts are stated in the opinion of the court.

1Opinion of the CourtIngraham, P. J.

This action is brought against the defendants, as members of a joint stock association, to recover an account for goods sold to the association. An action had been brought against William 0. Cover, as president, and a recovery had for the claim..

The complaint sets out the recovery of the judgment against the president of the association, and that an execution had been returned unsatisfied; that the defendants were members of the association, and that the association were indebted to the plaintiffs for the goods so sold.

The answer admits that defendants were members; that *19the association were…

2Cases cited1 opinion

  1. Cole v. . ReynoldsNew York Court of Appeals · 1858

3Cited by6 opinions

  1. Schwartz v. WechlerNew York Court of Common Pleas · 1892
  2. Payne v. . FreerNew York Court of Appeals · 1883
  3. Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911
  4. Cohn v. BorstNew York Supreme Court · 1885
  5. Parker v. HealdDistrict of Columbia Court of Appeals · 1907

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