Handy v. Draper
New York Supreme Court
Appeal by tbe defendant from a judgment in favor of tbe plaintiff, entered upon the tiial of this action by the court without * jury.
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Appeal by tbe defendant from a judgment in favor of tbe plaintiff, entered upon the tiial of this action by the court without * jury. The action was brought against the defendant as a stockholder in a manufacturing corporation, under the following clauses of the act of February 17, 1848. “ § 10. All the stockholders of every company incorporated under this act shall be severally individually liable to the creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively, for all debts and contracts made by such company, until the…
1Opinion of the Court
Gilbert, J.:
There is no occasion that I can discover for departing in this-case from the settled and salutary rule for the interpretation of statutes, namely : that an act is to be construed according to the ordinary and grammatical sense of its language, and that a proviso which on the face'of the act is not inconsistent with the other enactments therein, is not to be limited or enlarged upon any supposition respecting its policy or intention. The intention of the Legislature governs all rules of construction, but when the language used in a statute is precise and unambiguous, it best…
2Cases cited3 opinions
- Shellington v. . HowlandNew York Court of Appeals · 1873
- Johnson v. Hudson River RailroadNew York Court of Appeals · 1872
- Shellington v. HowlandNew York Supreme Court · 1873