Mathez v. . Neidig
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. The liability of the stockholders of a corporation, the stock of which has not been paid in, was not created by the statute.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. The liability of the stockholders of a corporation, the stock of which has not been paid in, was not created by the statute. (Corning v. McCullough, 1 N. Y., 47; Worrall v. Judson, 5 Barb., 200; Abbott v. Aspinwall, 26 id. 202; Conklin v. Furman, 57 id., 484; Wickson v. Nesmith, 46 N. H., 371; Colman v. White, 14 Wis., 700.) Debt is the proper form of action…
1Opinion of the Court
Church, Ch. J.
The plaintiff, as a creditor of “The New York Improved Barrel Company,” sought to recover against the defendant, as a stockholder of the company, under the provisions of section 10 of the General Manufacturing Law (chap. 40, Laws of 1848), which reads as follows: “ All the stockholders of every company incorporated under this act shall be severally individually liable to the creditors of the company in which they are stockholders to an amount equal to the amount of stock held by them, respectively, for all debts and contracts made by such company, until the whole amount of…
2Cases cited4 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Garrison v. . HoweNew York Court of Appeals · 1858
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Saratoga & Schenectady Rail Road v. RowNew York Supreme Court · 1840
3Cited by35 opinions
- Wheeler v. . MillarNew York Court of Appeals · 1882
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Mathis v. Pridham, ReceiverCourt of Appeals of Texas · 1892
- Zang v. WyantSupreme Court of Colorado · 1898
- The Mosler Safe Company v. . Guardian Trust CompanyNew York Court of Appeals · 1913
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