Stokes v. . Stickney
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made November 9, 1883, which affirmed an order of Special Term to revive the action against the executors of defendant Lee, who died after the commencement of the action.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made November 9, 1883, which affirmed an order of Special Term to revive the action against the executors of defendant Lee, who died after the commencement of the action. This action was brought against defendants as trustees of the Columbia Consolidated Gold and Silver Mining Company, a corporation organized under the General Manufacturing Act, by plaintiff, a creditor of that company, to recover the liability imposed by that act for a failure to make and file an annual report. The…
1Opinion of the Court
Huger, Oh. J.
This court held in the case of Merchants' B’k v. Bliss (35 N. Y. 412) that an action brought against a trustee of a corporation to recover the liability imposed by section 12 of chapter 40 of the Laws of 1848, was governed by the statutory limitations applicable in actions to recover penalties.
Since that decision the subject of actions under that section of the statute has frequently been under the consideration of this court with the uniform conclusion that the actions therein provided for are penal in character, and are not in any respect based upon the theory of affording…
2Cases cited2 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
3Cited by29 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Chase v. CurtisSupreme Court of the United States · 1885
- Globe Publishing Co. v. State BankNebraska Supreme Court · 1894
- Killen v. BarnesWisconsin Supreme Court · 1900
- Carr v. . RischerNew York Court of Appeals · 1890
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