Gause v. . Boldt

80 N.E. 566, 188 N.Y. 546, 26 Bedell 546, 1907 N.Y. LEXIS 1165

Opinion

Per Gurimn.

The trust company not having been dissolved and being subject to suit it was necessary for the plaintiff; to obtain a judgment • upon his olaim 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., Edwabd T. Babtlett, Haight,. Yann, Weeneb, Willaed Babtlett and Hisoook, JJ"., concur.

Judgment affirmed.