Jones v. Barlow
The Superior Court of New York City
Appeal from a judgment. This action is brought against the defendants as trustees of the American Seal Lock Company, a corporation organized under the laws of New York, providing for the formation of corporations for manufacturing, mining, mechanical or chemical purposes, passed May 17, 1348. The company was incorporated May 17, 1870. The ■defendants were original trustees of the company, and continued thereafter to be trustees.
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Appeal from a judgment. This action is brought against the defendants as trustees of the American Seal Lock Company, a corporation organized under the laws of New York, providing for the formation of corporations for manufacturing, mining, mechanical or chemical purposes, passed May 17, 1348. The company was incorporated May 17, 1870. The ■defendants were original trustees of the company, and continued thereafter to be trustees. No report, such as is called for by section 12 of the act of 1848. was published and filed until January 19, 1872. • In the mean time, and during the years 1870 and…
1Opinion of the Court
By the Court.—Van Vorst, J.
Through the failure of the corporation to make, publish and file the annual report, provided for in section 13 of the act of *145February 17, 1848, in January, 1871, the trustees, the duty of a majority of whom it was to sign same, became jointly and severally liable for all the debts of the company then existing, and for all that should be contracted before such report should be made.
The making and filing of such report is imperatively demanded by the statute.
As the corporation filed no report until January 19, 1872, and the debt in plaintiff’s favor for the…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Miller v. . WhiteNew York Court of Appeals · 1872
- Goss v. MatherNew York Supreme Court · 1870
3Cited by1 opinion
- Anderson v. SpeersNew York Supreme Court · 1879