Richards v. Beach

Decided February 4, 1889

New York Court of Common Pleas · decided 1889-02-04

Reargument in view of the decision in Walton v. Coe, 17 $7. E. Rep. 676. Action by Alice Richards against John H. Beach as a stockholder of the American Opera Company, (Limited,) to recover under the general act of 1848, and also under Laws .1875, c. 611, § 37, making stockholders personally liable for corporate debts to the amount of their stock until the full amount of the capital stock is paid in.

Relies on Walton v. . Coe

Decided 1889-02-04

Per Curiam.

¶1This court is not restrained by the injunction in the case of Cochran v. American Opera Co.,1even if the parties to the appeal are. If either of them has violated the injunction by bringing on the argument of the appeal, he is responsible. Since the first argument of this case the court of appeals have decided the matter in controversy in Walton v. Coe, 110 N. Y. 109, 17 N. E. Rep. 676, adversely to the respondent, and the judgment must therefore be reversed. But as this decision was made after the appeal had been taken from the city court, we think the respondent should have liberty to answer over, on payment of the costs of the appeal to this court only.