169 Misc. 593 | N.Y. Sup. Ct. | 1938
One of the questions presented on the present application is whether individuals may escape the statutory liability of stockholders of a State bank by the device of having the stock held by a corporation the stock of which is
The motion is likewise denied to the extent that it seeks to dismiss the complaint on the ground that the cause of action did not accrue within the time limited, by law for the commencement of the action. The cause of action did not accrue until the due date of the assessment under the notice or demand served by the Superintendent. (See Banking Law, § 632; Lyon v. Tooker, 168 Misc. 915.) The due date fixed in the Superintendent’s demand
The motion to dismiss is denied in all respects, with ten dollars costs, with leave to answer within twenty days from the service of a copy of this order with notice of entry.