18 Barb. 152 | N.Y. Sup. Ct. | 1854
Mrs. Yates is sued as one of the alleged stockholders of an insolvent manufacturing corporation. She denies the allegation that she was' a stockholder. The cause was tried at a circuit court held in December, 1851. Under the ruling of the judge, a verdict was rendered for the plaintiff for $3605.61; and a bill of exceptions having been taken by the defendant, the cause is now brought before the general term on appeal. Although a great many points’ have been raised and argued, the controlling question, it seems to me, and the only one necessary to be disposed of is, was Mrs. Yates, under the circumstances, a stockholder within the meaning of the law, so as to subject her to liability for the debts due from the corporation to the plaintiff? The act of 1848, providing for the voluntary formation of incorporated manufacturing companies.
Mitchell, Roosevelt and Clerke, Justices.]
Laws of 1848, p. 54.