New York Court of Appeals

Moses Merrick and Another, Respondents v. Alfred Van Santvoord

January 5, 186634 N.Y. 208

Summary

The New York Court of Appeals affirmed the judgment against Brainard but reversed the judgment against Van Santvoord, ordering a new trial on the latter. The court held that a foreign corporation retains its domicile in the state of its charter and cannot be deemed to have migrated merely because it conducts business elsewhere. Consequently, shareholders of such a corporation are not personally liable for its debts or torts absent a statutory or contractual basis.