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Gause v. Boldt

Court of Appeals of the State of New York
Mar 5, 1907
188 N.Y. 546 (N.Y. 1907)

Opinion

Argued February 26, 1907

Decided March 5, 1907

Howard Taylor for appellant.

D. Cady Herrick, Francis S. Hutchins and Frederick W. Garvin for Commonwealth Trust Company et al., respondents.

Yorke Allen for Arthur H. Hagemeyer, respondent.

William M. Bennett for Thomas J. Hallowell et al., respondents.


The trust company not having been dissolved and being subject to suit it was necessary for the plaintiff to obtain a judgment upon his claim against it before bringing an action against its stockholders to enforce any liability on account of such claim. (Banking Law, § 162.) We do not deem it necessary or expedient at this time to express any opinion upon the effect of the other requirements of said statute which have been more or less discussed by counsel.

The judgment should be affirmed, with costs.

CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, WILLARD BARTLETT and HISCOCK, JJ., concur.

Judgment affirmed.


Summaries of

Gause v. Boldt

Court of Appeals of the State of New York
Mar 5, 1907
188 N.Y. 546 (N.Y. 1907)
Case details for

Gause v. Boldt

Case Details

Full title:HARRY T. GAUSE, on Behalf of Himself and Certain Other Creditors of the…

Court:Court of Appeals of the State of New York

Date published: Mar 5, 1907

Citations

188 N.Y. 546 (N.Y. 1907)
80 N.E. 566

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