Hill v. Spencer
The Superior Court of New York City
The action is to recover of the defendant," as a stockholder in the American and Mexican Silver Mining Company, for services performed for the company, in the capacity, as alleged, of its servant. The complaint alleged the recovery of a judgment against the company and the return of an execution unsatisfied.
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The action is to recover of the defendant," as a stockholder in the American and Mexican Silver Mining Company, for services performed for the company, in the capacity, as alleged, of its servant. The complaint alleged the recovery of a judgment against the company and the return of an execution unsatisfied. At the trial before Mr. Justice Jones and a jury, the plaintiff offered the record of judgment against the company in evidence, which was objected to on the ground that, to hold a stockholder liable, it is not enough to show that a judgment has been recovered against the company, but…
1Opinion of the Court
By the Court.—Monell, J.
Section 18 of the act to authorize the foundation of corporations for manufacturing, mining, mechanical, and chemical purposes (Laws, 1848, chap. 40), provides that:
i “ The stockholders of any company organized under the provisions of this act, shall be, jointly and severally, individually, liable for all debts that may be due, and owing to all their laborers, servants and apprentices, for services performed for such corporation,’.’ and the chief question presented, is whether the plaintiff was a servant of the company, within the fair intent and purpose of the statute.
2Cases cited2 opinions
- Williamson v. WadsworthNew York Supreme Court · 1867
- Colwell v. Lawrence & FoulksNew York Supreme Court · 1862