Patterson v. . Robinson
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 21, 1888, which affirmed a judgment in favor of defendant, entered on the report of a referee. Since 1865 the “Schaghticoke Woolen Mill” has been a manufacturing corporation,' duly incorporated under chapter 40 of the Laws of 1848, with a capital stock of $250,000. Its affairs have been managed by five trustees.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 21, 1888, which affirmed a judgment in favor of defendant, entered on the report of a referee. Since 1865 the “Schaghticoke Woolen Mill” has been a manufacturing corporation,' duly incorporated under chapter 40 of the Laws of 1848, with a capital stock of $250,000. Its affairs have been managed by five trustees. Daniel Robinson was a trustee from its organization until its failure, in Rovember, 1878; and James E. Pinkham was superintendent of the mill from 1866…
1Opinion of the Court
Follett, Ch. J.
The plaintiff asserts that the claims, amounting to $300,776, held by the bank against the mill on the 1st day of May, 1875, have been fully and legally paid; and that between May 1, 1875, and the date of the failure of the bank, a new indebtedness, amounting to $419,361, was incurred by the mill to the bank with the assent of the defendants, and that they are liable to the receiver of the bank for the sums by which the indebtedness exceeds the capital stock of the mill.
The referee found as a fact:
“ VIII. That to the creation of the debt of the Schaghticoke Woolen Mills to the…
2Cases cited5 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Elwell v. DodgeNew York Supreme Court · 1861
- Brush v. . LeeNew York Court of Appeals · 1867
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- Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- National State Bank v. Vigo County National BankIndiana Supreme Court · 1895
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