A Treatise On the New York Manufacturing Corporation Act of 1848, And Business Corporation Act of 1875 : Together With Said Acts, As Amended, Extended And Modified to April, 1890, With Forms And By-Laws

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c.
Supreme Ct. Reporter, vol. 8, p. 363 ; Weeks v. Love, 33 N. Y. Superior, 397; Bank, &c. v. Ibbotson, 5 Hill, 641 ; s. c. 34 Wend. 473.
" Garrison v. Howe, 17 N. Y. 458 ; Mathez v. Neidig, 73 N. Y. 100 ; Agate V. Sands, 78 N. Y. 620 ; Christensen «. Colby, 43 Hun, 383.
' Briggs V. Cornwell, 9 Daly, 436 ; Briggs v. Peaniman, 8 Cow. 392 ; Matter of Empire City Bank, 18 N. Y. 199, 337 ; Bank, &c. v. Ibbotson, 34 Wend. 473.
160 INDIVIDUAL LIABILITY OF STOCKHOLDERS. § 109.
creditors of the company
..., to secure the payment of their deVjts ; but it belongs to all such creditors, as well those who are stockholders as those who are not.
This defense, so interposed by a creditor-stockholder, does not constitute an absolute bar to all claims, like a recovery by, and payment to, another creditor for the whole amount of personal liability of a stockholder,^ nor is it strictly an offset at law ; but it is a defense to this form of action, in the nature of an equitable off- set, based upon the equitable rights of the defendant to the fund sought to be taken from his possession, witb- out tbe necessary facts appearing, or being capable in that action of appearing, to enable the court to deter- mine the extent of those rights.'* Nor is it necessary to enable a defendant to inter- pose this defense that he should bring himself and his claim within the provisions of section 24:, requiring a suit on the debt to be brought against the company within one year.


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