Cornell v. . Roach
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 January 25, 1883, which affirmed a judgment in favor of the defendants answering, entered upon an order overruling a demurrer to two counts of the answer, and dismissing the complaint.
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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 January 25, 1883, which affirmed a judgment in favor of the defendants answering, entered upon an order overruling a demurrer to two counts of the answer, and dismissing the complaint. This action was brought by plaintiff as creditor of the .¿Etna Iron Works, a corporation organized under the General Manufacturing Act, to recover against defendants, as trustees of the corporation, the amount of its indebtedness to them, because of failure on its part to make and file an…
1Opinion of the CourtAndrews, J.
The duty imposed upon manufacturing corporations by the twelfth section of the act of 1848 (Chap. 40), to make a report, is a corporate duty, to be discharged by making a report signed by the president and a majority of the trustees. The duty is not cast upon the trustees, either as such, or in their individual capacity. The section makes it the duty of the company to make the report, and provides for the manner of performing it. The act, as amended in 1860, provides that such corporations shall have not less than three nor more than thirteen trustees. It is evident therefore that a report…
2Cases cited1 opinion
- Marie v. . GarrisonNew York Court of Appeals · 1880
3Cited by4 opinions
- Morgan v. . HedstromNew York Court of Appeals · 1900
- Credit Men's Adjustment Co. v. VickerySupreme Court of Colorado · 1916
- People v. Buffalo Stone & Cement Co.New York Court of Appeals · 1892
- Ginsbubg v. Von SeggernAppellate Division of the Supreme Court of the State of New York · 1901