Legal Opinion

President of the Manhattan Co. v. Kaldenberg

New York Court of Appeals

Decided November 27, 1900PublishedCited by 32 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1898, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1898, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The action was brought by the plaintiff, a creditor of the F. J. Kaldenberg Company, a corporation organized in April, 1887, under the act of 1840 and the acts supplemental thereto and amendatory thereof, against the defendants, as trustees of said corporation, upon their alleged failure to make and file an annual report as required…

1Opinion of the CourtWerner, J.

The statute under which this action is sought to be maintained is known as chap. 2 of the Laws of 1892, and that portion of it which we are called upon to consider reads as follows:

“ Sec. 30. Every stock corporation, except moneyed and railroad corporations, shall annually, during the month of January, or if doing business without the United States, before the first day of May, make a report as of the first day of January, which shall state: One. The amount of its capital stock and the proportion actually paid in. Two. In general terms, the nature of its existing assets and debts. Three. The…

2Cases cited14 opinions

  1. Briggs v. SpauldingSupreme Court of the United States · 1891
  2. Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
  3. Garrison v. . HoweNew York Court of Appeals · 1858
  4. Boughton v. . OtisNew York Court of Appeals · 1860
  5. Cameron v. . SeamanNew York Court of Appeals · 1877

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3Cited by32 opinions

  1. In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1929
  2. Hunt v. StateIndiana Supreme Court · 1924
  3. State v. Livingston Concrete Building & Manufacturing Co.Montana Supreme Court · 1906
  4. Zeltner v. Henry Zeltner Brewing Co.New York Court of Appeals · 1903
  5. Smithies v. ConklingHawaii Supreme Court · 1911

27 more not listed; retrieve them via the Exa API.

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