Legal Opinion

Freeland v. McCullough

Court for the Trial of Impeachments and Correction of Errors

Decided July 15, 1845PublishedCited by 19 opinions

Demurrers. The declaration is in debt upon the act incorporating the Rossie Galena Company, passed May 12, 1837, (Laws of 1837, p. 445,) and contains six counts. ■ The first count sets forth the passage of the act, and the provisions of the 9th section declaring that the stockholders of the corporation shall be jointly and severally personally liable for the payment of all debts and demands contracted by the corporation or their authorized agents; and that any person having…

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Demurrers. The declaration is in debt upon the act incorporating the Rossie Galena Company, passed May 12, 1837, (Laws of 1837, p. 445,) and contains six counts. ■ The first count sets forth the passage of the act, and the provisions of the 9th section declaring that the stockholders of the corporation shall be jointly and severally personally liable for the payment of all debts and demands contracted by the corporation or their authorized agents; and that any person having any demand against such corporation, may sue any stockholder or director in any court having cognizance thereof, and…

1Opinion of the Court

By the Court, Jewett, J.

By the ninth section of the statute, by which the “ Rossie Galena Company” was incorporated, {Laws of 1837, p. 445,) it is enacted that “ the stockholders of said corporation shall be jointly and severally personally liable for the payment of all debts or demands contracted by the said corporation or their authorized agent or agents, and any person having any demand against the said corporation may sue any stockholder, director or directors, in any court having cognizance thereof, and recover the same with costs.”

The defendant to the first, second and third counts in…

2Cases cited3 opinions

  1. Van Hook v. WhitlockNew York Supreme Court · 1841
  2. Van Hook v. WhitlockNew York Court of Chancery · 1839
  3. Wilcox v. FitchNew York Supreme Court · 1823

3Cited by19 opinions

  1. Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
  2. Bennett v. ThorneWashington Supreme Court · 1904
  3. St. Louis Gas Light Co. v. City of St. LouisSupreme Court of Missouri · 1885
  4. Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
  5. Gardner v. McWilliamsOregon Supreme Court · 1902

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