3 Denio 589
Decided January 15, 1848
New York Court of Appeals · decided 1848-01-15
On error from the supreme court. The action was debt to recover a sum of money due to the plaintiffs from the Rossie Galena Company, the stockholders being jointly and severally liable for such debts by the ninth section of the act of incorporation. (Stat. 1837, p. 446.) The defendant pleaded that the suit was not commenced “ within three years next after the cause of action accrued.” Demurrer and joinder.
Decided 1848-01-15
¶1delivered the opinion of the court in favor of reversing the judgment of the supreme court.
¶2Jewett, G. J. dissented.
¶3Judgment reversed.
¶4On a subsequent day the case of Freeland v. McCullough, referred to in "the text, came on to be heard on error from the supreme court, and the judgment was reversed.