The Victory Webb Printing and Folding Machine Manufacturing Company, Appellant, v. Henry Ward Beecher et al., Respondents

The Victory Webb Printing and Folding Machine Manufacturing Company, Appellant, v. Henry Ward Beecher et al., Respondents. (Argued December 4, 1884; decided December 19, 1884.) This was an action against the trustees of a manufacturing company to recover a claim against the company, because of alleged failure on the part of the trustees to make,and file an annual report. A year after the organization of the corporation had not elapsed when the alleged failure occurred. The court say: “ The twelfth section of the act of 1848 was repealed and superseded by the act, chapter 510 of the Laws of 1875. {Knox v. Baldwin, 80 E. T. 610.) This action was commenced subsequently to the appeal to enforce a penalty under that section. {Merchants' Bank v. Bliss, 35 E. V. 412 ; Jones v. Barlow, 62 id. 202; Whitney Arms Co. v. Ba/rlow, 63 id. 62; Wiles v. Suydam, 64 id. 173 ; Bruce v. Platt, 80 id. 379; Easterly v. Ba/rber, 65 id. 252; Yeeder v. Baker, 83 id. 156; Pier v. George, 86 id. 613 ; Poach v. Duckworth, 95 id. 391; Stokes v. Stickney, 96 id. 323.) The right of action, therefore, fell with the repeal {Norris v. Crocker, 13 How. [U. S.] 429; Butler v. Palmer, 1 Hill, 324, 330 ; Curtis v. Leavitt, 15 E. V. 9, 229; Sturgis v. Spofford, 45 id. 446, 452), and the judgment should upon that ground be affirmed, with costs.” George DeForest Lord for appellant. Thomas G. Shearman and Thorndike Saunders for respondents. [MAJORITY — Earl, J.,] Earl, J., reads for affirmance. All concur. Judgment affirmed.