Legal Opinion

Merritt v. Goodrich

New York Court of Common Pleas

Decided February 6, 1893PublishedCited by 1 opinion

Appeal from city court, general term. Action by George Merritt against Thomas F. Goodrich to recover the amount of an indebtedness due the plaintiff by the American Loan & Trust Company, of which defendant was a director. From a judgment of the general term of the city court of New York affirming a judgment for plaintiff entered on the verdict of the jury by direction of the court, defendant appeals. Affirmed.

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Appeal from city court, general term. Action by George Merritt against Thomas F. Goodrich to recover the amount of an indebtedness due the plaintiff by the American Loan & Trust Company, of which defendant was a director. From a judgment of the general term of the city court of New York affirming a judgment for plaintiff entered on the verdict of the jury by direction of the court, defendant appeals. Affirmed. The charter of the American Loan & Trust Company provided that “every director shall be personally liable for debts incurred by the corporation during his administration to an amount…

1Opinion of the CourtBischoff, J.

The questions involved on this appeal do not in any respect differ from those determined by us in Bank v. Andrews, 21 N. Y. Supp. 948, the decision wherein is herewith handed down. In that case our conclusions were that the defendant’s liability to a creditor of the American Loan & Trust Com*950panv, imposed by its charter, for all debts of the corporation incurred while he continued to be a director, is enforceable in an action at law instituted by the creditor without joining other creditors or directors; and that the prior recovery of judgment against the company, and return of execution…

2Cases cited1 opinion

  1. State Bank of Rock Valley v. AndrewsNew York Court of Common Pleas · 1893

3Cited by1 opinion

  1. Merritt v. GoodrichNew York Court of Common Pleas · 1893

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