Allen v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made March 8, 1887, which affirmed a judgment entered upon an order overruling a demurrer interposed by plaintiff to a,, defense set up in the answer herein.
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Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made March 8, 1887, which affirmed a judgment entered upon an order overruling a demurrer interposed by plaintiff to a,, defense set up in the answer herein. (Reported below, 43 Hun, 377.) This action was brought against defendant, as trustee of a manufacturing corporation, to recover an alleged indebtedness of the corporation because of failure to file its annual report., The complaint alleges that the Clifton Mining Company is .and ever since the month of January, 1872, has…
1Opinion of the CourtEarl, J.
The sole question for our determination is whether the judgment for costs in favor of Starbuck, McCarty & Matteson, in the action brought against them by the -com-pony for a tort, is a debt which can be enforced against the defendant as a trustee of the company, by reason of its failure to make, publish and file the report required by section 12 of the general manufacturing act of 1848, as amended by chapter 510 of the laws of 1875. That section provides that every such company “ shall, within twenty days from the first day of January in each year * * * make a report * * * which shall state…
2Cases cited1 opinion
- Miller v. . WhiteNew York Court of Appeals · 1872
3Cited by14 opinions
- Holland v. Duluth Iron Mining & Development Co.Supreme Court of Minnesota · 1896
- Torbett v. GodwinNew York Supreme Court · 1891
- Audenried v. East Coast Milling Co.New Jersey Court of Chancery · 1904
- In re the Transfer Tax upon the Estate of SpingarnNew York Surrogate's Court · 1916
- State Bank of Rock Valley v. AndrewsNew York Court of Common Pleas · 1893
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