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Clark v. Schwarzwaelder

61 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1899-12-08 English

Delivered by INGRAHAM, J.

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p. 1134
CLARK et al., Respondents, v. SCHWARZWAELDER et al., Appellants.
(Supreme Court, Appellate Division, First Department.
December 8, 1899.)

Headnote

Action by Frederick C. Clark and others against William O. Schwarzwaelder and others to enforce an alleged personal liability of defendants as directors of a corporation. Judgment for plaintiffs, and defendants appeal. Reversed. Almet R. Latson, for appellants. D. M. Porter, for respondents.

This case presents the same question as was presented in the case of Uptergrove v. Schwarzwaelder (decided herewith) 61 N. Y. Supp. 623 ; and, for the reasons stated in the opinion in that case, the judgment appealed from should he reversed, and a new trial ordered, with costs to the appellants to abide the event. VAN BRUNT, P. J., concurs. McLAUGH-LIN, J., concurs in result. PATTERSON and O’BRIEN, JJ., dissent.