Huntington v. . Attrill
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 14, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The act of 1875, and prior statutes of the same character, are not within the lawful exercise of legislative power and are void.
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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 14, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The act of 1875, and prior statutes of the same character, are not within the lawful exercise of legislative power and are void. (Veeder v. Baker, 83 N. Y. 156; Morawetz on Corp. [2d ed.], §§ 907, 908, 909; Mitchell v. Hotchkiss, 48 Conn. 9; Garrison v. Howe, 17 N. Y. 458; M. Bank v. Bliss, 35 id. 412;…
1Opinion of the CourtBradley, J.
The action was brought to 'recover the amount of a debt alleged to be due the plaintiff from the Rockaway Beach Improvement Company (limited), a corporation created pursuant to the provisions of the statute providing for the organization and regulation of certain business corporations. (Laws of 1875, chap. 611.) The defendants were directors of the company. And the alleged ground of the action is that a certificate signed by them, representing that the amount of the capital stock of the corporation, amounting to $700,000, was fully paid, was false within the meaning of the statute, which…
2Cases cited7 opinions
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- People v. . BriggsNew York Court of Appeals · 1889
- Hoffman v. . ConnerNew York Court of Appeals · 1879
- Gouge v. . RobertsNew York Court of Appeals · 1873
- Torbett v. EatonNew York Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Halsey v. WinantNew York Court of Appeals · 1932
- Solomon v. . BatesSupreme Court of North Carolina · 1896
33 more not listed; retrieve them via the Exa API.