Legal Opinion · Dissent

Caesar v. Bernard

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1913Published

Appeal by the plaintiffs, Henry A. Caesar and another, copartners, etc., from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk.of -the county • of New York on the 7th day of February, 1913, affirming an order of the City Court of the city of New York granting the respondent’s motion for judgment on the pleadings.

1Dissent

Ingraham, P. J. (dissenting):

I dissent from the reversal of this judgment. The action is brought to enforce a liability imposed by section 66 of the Stock Corporation Law (Consol. Laws, chap. 59; Laws of 1909, chap. 61), and it is only-by virtue of this provision of law that the defendants can be held responsible in damages by reason of the transfer of the property of a corporation of which they were directors or officers. This section 66 of the Stock Corporation Law, as I read it, refers solely to" a corporation “ which shall have refused to pay any of its notes or other obligations when…

2Cases cited4 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
  3. O'Brien v. East River Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. Wadsworth v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912

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