Conklin v. . Furman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, reversing a judgment entered upon the decision of the court upon a trial at circuit, without a jury, and ordering a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, reversing a judgment entered upon the decision of the court upon a trial at circuit, without a jury, and ordering a new trial. This action was brought in June, 1862, against the defendants, who, as the complaint alleged, were severally stockholders in the ¡Newtownand ¡North Hempstead Plank-road Company, organized in 1854 under “ An act to provide for the incorporation of companies to construct plank-roads, and companies to construct turnpike roads,” passed Hay 7th, 1847, which company, as the…
1Opinion of the Court
Heat, C.
The act of 1847, under which the company in which the defendants are stockholders was organized, made the respective stockholders therein liable for the debts of the company, to a limited extent (chap. 210, Sess. Laws, 1847, § 44), and, in order to enforce the collection of such debt, provision was made, by § 46 of the same act, that the creditor, pi’osecuting the company for the recovery of the same, might include one or more of the stockholders liable to contribute to its payment but in case of a recovery against the company and the stockholders, no execution could be levied on the…
2Cited by14 opinions
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- Wm. Passalacqua Builders, Inc. v. Resnick Developers South, Inc.District Court, S.D. New York · 1985
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