Rogers v. . Decker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 1,1891, which reversed an order of Special Term which' granted a motion to compel plaintiff to accept an unverified answer. The nature of the action and the facts, so far as material, are stated in the opinion. This action is in the nature of a penalty.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 1,1891, which reversed an order of Special Term which' granted a motion to compel plaintiff to accept an unverified answer. The nature of the action and the facts, so far as material, are stated in the opinion. This action is in the nature of a penalty. (Laws of 1865, chap. 368, § 7; Hall v. Siegel, 53 N. Y. 607; Cartwright v. C. G. L. Co., 32 Hun, 403.) If the action is contract, it is necessary to bring an action against the corporation before bringing an action against the trustee.…
1Opinion of the CourtFinch, J.
This action was brought to enforce the liability of the defendant as trustee of a. club incorporated under the law of 1865 (Chap. 368). Section 7 of that act provides that such trustees shall be liable “ for all debts due from said company or corporation contracted while they are trustees, provided said debts are payable within one year from the time they shall have been contracted, and provided a suit for the collection of the same shall be brought within one year after the debt shall become due and payable.” The complaint contained appropriate allegations to establish the defendant’s…
2Cases cited3 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Manufacturing Co. v. BradleySupreme Court of the United States · 1882
- Gadsden v. . WoodwardNew York Court of Appeals · 1886
3Cited by39 opinions
- People v. HarrisNew York Court of Appeals · 1982
- S. W. Scott & Co. v. ScottAppellate Division of the Supreme Court of the State of New York · 1919
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- In re the Arbitration between Sentry Insurance & AmselNew York Court of Appeals · 1975
- People Ex Rel. Winchester v. . ColemanNew York Court of Appeals · 1892
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