Breck v. Brewster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles J. Breck, as trastee, etc.,, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of January, 1912, upon the dismissal of the complaint at the close of plaintiff’s case by direction of the court, and also from an order entered in said clerk’s office on the 2d day of January, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is a suit to recover, pursuant to section 56 of the Stock Corporation Law (Consol. Laws, chap. 59; Laws of 1909, chap. 61), the amount unpaid upon the capital stock of the bankrupt corporation, alleged to be held by the plaintiff. It appeared from the stock book of the corporation that 860 shares of stock, which had been issued to different persons, and upon which only one-half and in some cases five-eighteenths of the par value had been paid, were - transferred to the defendant on the 16th of August, 1909. The plaintiff also proved that debts to the amount of $5,784.940 were…
2Cases cited1 opinion
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
3Cited by3 opinions
- Breck v. BrewsterAppellate Division of the Supreme Court of the State of New York · 1912
- Gaines v. HuylerNew York Supreme Court · 1919
- Marks v. WenzelDistrict Court, E.D. New York · 1932