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Bauer v. Hart

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1907
122 App. Div. 41 (N.Y. App. Div. 1907)

Opinion

November 22, 1907.

Alfred H. Holbrook, for the appellants.

H.V. Rutherford, for the respondent.


This action, which was to charge the trustees of a corporation with the liability imposed by the act of incorporation, was commenced in March, 1892. There had been an interlocutory judgment entered on January 13, 1899, which in April, 1903, was reversed by this court on the appeal of seven of the defendants, including the moving parties. ( Bauer v. Parker, 82 App. Div. 289.) Since that time several of the defendants have died and there has been delay in reviving the actions against their personal representatives, and the case has not been again brought on for trial. We have come to the conclusion that the court below was justified in denying this motion upon the papers presented. We express no opinion upon the effect of the fact that the indebtedness of the corporation largely exceeds the liability of all the directors as to the necessity of making all of the directors or their personal representatives parties. That question can be submitted and determined upon the trial of the action. We think, however, that the case should now be disposed of, and the affirmance of this order is without prejudice to a renewal of the motion in the event that the plaintiff should not promptly bring the case on for trial.

The order is, therefore, affirmed, with ten dollars costs and disbursements.

PATTERSON, P.J., McLAUGHLIN, HOUGHTON and SCOTT, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Bauer v. Hart

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1907
122 App. Div. 41 (N.Y. App. Div. 1907)
Case details for

Bauer v. Hart

Case Details

Full title:LOUIS BAUER, Respondent, v . GEORGE S. HART and Others, Appellants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 22, 1907

Citations

122 App. Div. 41 (N.Y. App. Div. 1907)
106 N.Y.S. 877

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Bauer v. Parker

PER CURIAM: The order appealed from is affirmed, with ten dollars costs and disbursements, for the reasons…