Hyatt v. Roach

Decided November 15, 1876

New York Supreme Court · decided 1876-11-15

Defendant was sued on his liability as trustee of a corporation, under section 12 of the “ manufacturing and mining law” (chap. 40, Laws of 1848). It was admitted, by the answer, that defendant was such trustee, and'that no report has been filed, as required by said section.

Cited by 1 later decisions — most recently November 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-11-15

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Lawrence, J.

¶1— The action is brought to recover a penalty for neglect to file the annual report under the twelfth section *116of chapter forty (Lams of 1848). It is not upon contract (Merchants' Bank agt. Bliss, 35 N. Y., 412). The penalty imposed by that section is, that upon failure to file such report the trustees of the company shall, jointly and severally, be liable for all the debts of the company then existing, &c.

¶2The character of the action is determined by the complaint (Welsh agt. Darragh, 52 N. Y., 590). An inspection of the complaint shows that it is not upon contract, but is brought to enforce a penal obligation of the defendant, under the statute, in his capacity as trustee.

¶3Motion for reference denied, with costs.