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Ottman & Co. v. Hoffman

55 N.Y. St. Rep. 773 Court N.Y. City Ct. Decision date 1893-11-27 English

Delivered by *774 Newburger, J.

Contents

Majority

p. 773
William Ottman & Co., Resp’t, v. Joseph E. Hoffman, App’lt.
(City Court of New York, General Term,
Filed November 27, 1893.)

Headnote

1. Boards of trade—Liability of trustee—Pleading.
A complaint which alleges that the defendant is a trustee of a domestic corporation organized under chap. 228, Laws of 1877; that such corporation had no capital stock; that plaintiff sold goods to said corporation, and that there was still due therefor a specified sum, states facts sufficient to constitute a cause of action.
3. Same—Statutes.
Chap. 228, Laws 1877, as to the liability of trustees, was revived by the Stock Corporation Act of 1892.
Appeal from judgment in favor of plaintiff.
M. A. Kursheedt, for resp’ts; Leo. G. Rosenblatt, for app’lt.

The complaint herein alleges, that the Importers and Traders Club was a domestic corporation, carrying on business in the city o$ Rew York, and organized under chap. 228, of the Laws of 1877, and that said corporation was organized without and never had any capital stock.

That the defendant was a trustee of said corporation, and that the plaintiff sold to the said corporation goods,' and that there was still due and owing to the plaintiff the sum of $3,110.51.

The defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action.

The demurrer was properly overruled.

The complaint stated sufficient facts to constitute a cause of action against defendant, as a trustee.

The revival and reinstatement of § 3, of chap. 228, of the Laws of 1877, is not precluded by § 31 of the Laws of 1892.

Chapters 577 and 688 were both passed and took effect on the same day, namely May 18¡- 1892, and must be considered as simultaneous statements, and as no law was passed subsequent, affecting the question, the law of 1877, as to the liability of trustee was revived by the stock corporation act of 1892.

For these reasons, the judgment appealed from must be affirmed, with costs.

Van Wyck and McCarthy, JJ., concur.