Murphy v. Meyer

Appellate Terms of the Supreme Court of New York

Murphy v. Meyer

154 Misc. 341, 277 N.Y.S. 86, 1934 N.Y. Misc. LEXIS 1933

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 26, 1934

StatusPublished

Cited by2 cases

This text of 154 Misc. 341 (Murphy v. Meyer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murphy v. Meyer, 154 Misc. 341, 277 N.Y.S. 86, 1934 N.Y. Misc. LEXIS 1933 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

Plaintiff in the bankruptcy proceeding exhausted his remedies to the portion of his compensation allowed as a general claim, and as to such portion action against the bankrupt corporation was barred and it was impossible to perform the condition precedent of section 73 of the Stock Corporation Law, of proceeding to judgment and execution before bringing action against the stockholder. As the facts alleged are sufficient to sustain part of the damages claimed, defendant was not entitled to a dismissal of the complaint.

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Lydon, Hammer and Frankenthaler, JJ.

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Per Curiam.

Plaintiff in the bankruptcy proceeding exhausted his remedies to the portion of his compensation allowed as a general claim, and as to such portion action against the bankrupt corporation was barred and it was impossible to perform the condition precedent of section 73 of the Stock Corporation Law, of proceeding to judgment and execution before bringing action against the stockholder. As the facts alleged are sufficient to sustain part of the damages claimed, defendant was not entitled to a dismissal of the complaint.

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Lydon, Hammer and Frankenthaler, JJ.

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Bluebook (online)

154 Misc. 341, 277 N.Y.S. 86, 1934 N.Y. Misc. LEXIS 1933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-meyer-nyappterm-1934.

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