Quarry Co. v. Bliss

Decided June 15, 1861

New York Supreme Court · decided 1861-06-15

This action was brought by the Shaler & Hall Quarry Company, to enforce the liability of the defendants, George Bliss and Charles Abernethy, as trustees of the Hudson River Stone-dressing Company, a corporation organized under the general manufacturing law of the State of New York, for acceptances, by the latter company, of the plaintiff’s drafts, dated respectively on the 20th and 27th days of April, 1854, for the respective sums of $832.75 and $1,209.40, both payable to…

Decided 1861-06-15

Bv the Court.*

¶1—We think the construction of section 12 of the act by the court below was correct.

¶2The liability of the trustees by that section is of the nature of a penalty or punishment for the omission of a duty.

¶3The section was probably worded without reference to the fact that there would be or might be a change of trustees.

¶4The liability attaches to the individuals who may change, and not the office, which does not change.

¶5We think that the section should be construed as though the words “ during their continuance in office ” had been added to the end of the sentence.

¶6It may be said that these words are impliedly added.

¶7The judgment below should be affirmed, with costs.

¶8 Present, Clerke, P. J., Sutherland and Ingraham, JJ.