Schenck v. . Andrews
New York Court of Appeals
Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiffs entered on the verdict of a jury. This action was brought to charge the defendant, as a stockholder in the Empire Moulding and Planing Mill Company, for machinery, etc., sold to it by the plaintiffs, after the recovery of a judgment therefor and the return of an execution, which had been issued thereon, unsatisfied.
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Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiffs entered on the verdict of a jury. This action was brought to charge the defendant, as a stockholder in the Empire Moulding and Planing Mill Company, for machinery, etc., sold to it by the plaintiffs, after the recovery of a judgment therefor and the return of an execution, which had been issued thereon, unsatisfied. It was claimed by the complaint that he was liable and "chargeable on three grounds. 1st. Because there had been a neglect and failure to file a certificate that all…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The learned judge who tried this action was mistaken in the statement made in his charge to the jury as to the questions that had been decided by the Court of Appeals in this action or in another case referred to by him.
The question before that court on the former appeal in the present suit arose on a demurrer by the plaintiffs to…
2Cases cited2 opinions
- Boynton v. . HatchNew York Court of Appeals · 1872
- Schenck v. . AndrewsNew York Court of Appeals · 1871
3Cited by20 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Douglass v. . IrelandNew York Court of Appeals · 1878
- Boynton v. . AndrewsNew York Court of Appeals · 1875
- Winter v. AndersonAppellate Division of the Supreme Court of the State of New York · 1934
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