Landlord and tenant-defect of building, when no defence to action for rent. Legatees, &c.-Liability of, for debts of decedent... Libel-What is; what communications are privileged; and of malice and damages 41 225 M. Malice-What is, and effect of, in libel cases..... Manufacturing corporation-Personal liability of stockholders in.. Mechanic's lien-against several owners who make a joint contract.. Money paid-voluntarily, when cannot be recovered back.... what amounts to compulsion and protest..... Motion-to substitute receiver cannot be opposed by objections to regularity of first appointment.... to strike out answer, &c., as false, irrelevant, &c... to set aside attachment. Use of affidavits on...... to set aside execution, cannot be made by mortgagee.. to set aside pleading interposed on leave.... for supersedeas. Requisites of affidavit for.. to vacate arrest may be made after giving bail.. effect of decision, upon a temporary stay of proceedings... 41 874 1 18 173 350 350 12 for leave to issue execution which might issue of course should be dismissed, to strike out answer, not the remedy for same defects as demurrer is... to set aside judgment for omission to file decision... to vacate attachment, cannot be dismissed for absence of moving party.... N. New trial-cannot be ordered upon the evidence taken on the first trial... 22 874 110 399 0. Office-in corporation, Title to, cannot be tried in action for damages.. for payment of costs after notice of trial. Construction of.. 332 299 247 259 264 for judgment on demurrer, When costs of, may be collected by precept.... 304 421 P. Parties-in foreclosure.. agent, when may maintain action in his own name.. in creditor's action to determine priority of liens.. Partners Surviving, who substitute their indorsement for that of the firm, not entitled to be subrogated..... Partnership-Interest in, of one partner liable to sale on execution.. Payment-under protest. What is......... Penalty-Liability of directors, for neglect to file report, is. Place of business-What is.. Plaintiff must join other parties in interest as plaintiffs.. Pleading-in action against stockholder, for debt of corporation.. plaintiff's incorporation...... Leave to amend, should not exclude Statute of Limitations.. custom of trade, when need not be averred.... causes of action arising out of several capacities of defendant.. Receiver-may be substituted, notwithstanding objections to regularity of first ap- when appointed in action to enjoin insolvent corporations.... not to be appointed where the title is not clear and the defendant is respon- 284 Record-of judgment in another State.. Referee's fees-on several appeals in highway proceedings... Reference-several items for recovery, under a policy of insurance, is not an ac- 402 216 count....... Relief-Irrelevancy of demand of....... Demand of, in complaint in action to test election in corporation.. 124 195 332 S. Score facias-necessary after death of judgment-debtor...... 80 Security for costs-of foreign corporation, plaintiff; new sureties cannot be re- 224 where penal suit is brought without authority.... 434 of non-resident plaintiff rests in the discretion of the court.. 473 Service-of papers after attorney's death, how made... 899 Sheriff-not to be required to part with property attached, pending suit...... 253 not necessary party to creditor's action to determine priority of liens of at- 442 on executing attachment must give notice of it to person from whom he 469 Statute-Repeal of, renders valid contracts which contravened it... does not discharge levy...... pending motion, how effected by the order made. Stock-jobbing contracts-are now a good cause of action... Subrogation-of surviving partners who substitute their indorsements for those of Supersedeas-not to be granted for delay to charge principal, when bail have not Supplementary proceedings-Production of documents in.. Action does not lie on order in .... Sureties-when entitled to be let in to defend.. Failure of, to justify .... - in statute bond, Insolvency of, no ground for requiring new surety. PAGE 140 142 126, 182 85 187 140 284 note, 101 68 418 note, 418 note, 418 459 68 97 421 224 859 Term fees-What, are to be paid as condition of granting new trial.. 259 note, 68 1 41 124 of issue of fraud should be by jury...... form of objection to question as to opinion of witness.. ..... 299 Undertaking-inoperative if sureties fail to justify..... to stay execution of judgment cannot be disregarded for defects... Use and occupation-Action for, when sustainable.... V. Verification-of complaint by agent, how made..... not equivalent to affidavit denying notice of protest... W. 421 471 97, 101, 182 888 61 106 272 Will-mode of execution and acknowledgment...... 359 Witness-admissibility of husband, in action to charge separate estate of wife.... 18 privileged communications.... agent who is not personally liable, not interested............... 68 388 ABBOTTS' PRACTICE REPORTS. NEW YORK. LEWIS a. RYDER. New York Common Pleas; General Term, July, 1861. MANUFACTURING CORPORATION. PERSONAL LIABILITY OF STOCKHOLDERS.-PLEADING.-TRIAL.-JUDGMENT AGAINST CORPORATION IS EVIDENCE OF DEBT. Under the provisions of the Laws of 1853, 705, ch. 333, § 2,-allowing manufacturing corporations to purchase property necessary for their business, and issue stock in payment therefor, which stock shall be deemed full stock, and the holders not liable for further payments under the 10th section of the general act, the holder of such stock when sued, to charge him personally under the general act with a debt of the corporation, may, in his answer, couple with his admission that he is a stockholder, averments that the stock held and owned by him was issued by the company in payment for property purchased by its trustees, and necessary for their business, and that it was full paid stock, not liable to any further calls or payments; and such admission does not aid the plaintiff. If, on the trial, there is no other proof of the defendant's ownership of stock than such admission, a motion to dismiss the complaint should be granted. Where in such case, upon a motion to dismiss the complaint and after the plaintiff had rested, but before the defendant had given any evidence, and the plaintiff offered to give further proof as to defendant's ownership of stock, but the court declined to receive it for the reason that the defendant was entitled to his motion to dismiss the complaint on other grounds;-Held, that this was tantamount to a refusal to receive the additional evidence. The mere fact of a plaintiff resting cannot be regarded as a bar to his right to furnish further proof; and his case cannot be regarded as closed, where the deVOL XIII-1 |