Bauer v. Hart

Appellate Division of the Supreme Court of New York

Bauer v. Hart

122 A.D. 41, 106 N.Y.S. 877, 1907 N.Y. App. Div. LEXIS 2367

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 22, 1907

StatusPublished

Cited by2 cases

This text of 122 A.D. 41 (Bauer v. Hart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bauer v. Hart, 122 A.D. 41, 106 N.Y.S. 877, 1907 N.Y. App. Div. LEXIS 2367 (N.Y. Ct. App. 1907).

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Opinion

Ingraham, J.:

This action, which was to charge the trustees of a corporation with the liability imposed by the act of incorporation, was com[42]*42inenced 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.

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Ingraham, J.:

This action, which was to charge the trustees of a corporation with the liability imposed by the act of incorporation, was com[42]*42inenced 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.

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Bluebook (online)

122 A.D. 41, 106 N.Y.S. 877, 1907 N.Y. App. Div. LEXIS 2367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauer-v-hart-nyappdiv-1907.

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