Brinckerhoff v. . Bostwick
New York Court of Appeals
Appeal from judgment of the General-Term of the Supreme Court-, in the second judicial department, entered upon an order made December 1, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial and affirming.an order denying a motion for a new trial.
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Appeal from judgment of the General-Term of the Supreme Court-, in the second judicial department, entered upon an order made December 1, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial and affirming.an order denying a motion for a new trial. (Reported below, 34 Hun, 352.) The National Bank of Fishkill was organized in April, 1865, with a capital of $200,000, and continued to do business thereafter until January, 1877, when it became insolvent, and the defendant Henry Bostwick was appointed its receiver. From the time of its…
1Opinion of the CourtEarl, J.
If the cause of action alleged in the complaint was barred by lapse of time as to the original plaintiff, Theodore Brinckeroff, then the plaintiffs were properly nonsuited. The important questions to be determined are,"whether the action was barred by any of the limitations specified in the Code, and if so, by which one of them. We are of opinion that it was not barred by section 394", which controlled the decision of the trial judge, and which provides that “ this chapter does not affect an action against a director or stockholder of a moneyed corporation or banking association to recover a…
2Cases cited4 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Innes v. LansingNew York Court of Chancery · 1839
- Cunningham v. PellNew York Court of Chancery · 1836
3Cited by122 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Brenner v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
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