Gause v. . Boldt

Decided March 5, 1907

New York Court of Appeals · decided 1907-03-05

<p>Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1906, which affirmed a judgment of Special Term sustaining demurrers to the complaint in an action to establish a claim against the Commonwealth Trust Company and to enforce the statutory liability of its stockholders therefor.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1907-03-05

How this case has been cited

Cited by 5 later decisions — most recently November 1968

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Gurimn.

¶1 The trust company not having been dissolved and being subject to suit it was necessary for the plaintiff; to obtain a judgment • upon his olaim against it before bringing an action against its stockholders to enforce any liability on account of such claim. (Banking Law, § 162.) We do not deem it necessary or expedient at this time to express any opinion upon the effect of the other requirements of said statute which have been more or less discussed by counsel. '

¶2 The judgment should be affirmed, with costs.

¶3 Cullen, Ch. J., Edwabd T. Babtlett, Haight,. Yann, Weeneb, Willaed Babtlett and Hisoook, JJ"., concur.

¶4 Judgment affirmed.