Gastner v. Duryea

Decided May 17, 1895

New York Supreme Court · decided 1895-05-17

Action by Samuel W. Gastner and others against John Duryea to charge defendant as a stockholder of the Consumers’ Gas Company, an insolvent corporation. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendant appeals.

Reversed · Decided 1895-05-17

PER CURIAM.

¶1For the reasons stated in the opinion in Herbert v. Duryea (herewith handed down) 33 N. Y. Supp. 1031, the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event

¶2FOLLETT, J., dissenting, on same grounds as in Herbert v. Duryea, supra.