Stephen Johnson Field

“ If the plaintiff, by mistake, commenced an action against the wrong company, it is a fault of which she cannot complain. At least the new company is not chargeable as though it had itself been sued, and had its day in court. The navigation company never made any pretense of ownership after its affairs were closed up, and neither the plaintiff nor her counsel were ever misled by the action of the representatives of either company. ”

“ It is not necessary to consider the position that the judgment of the supreme court of New York, in the case of Miller against the defendant, is as bar to the prosecution of this suit. It is sufficient for the affirmance of the decree of the court below that the judgment of the superior court of the city of New York, which was sought to be enforced against the new company, was recovered against the old company. That company had then ceased to do business of any kind, and was incapable, under its articles of incorporation, of doing any except so far as might be necessary to wind up its affairs. ”

“ The National Steam-ship Company was formed for the purpose of buying the property of the navigation company, and conducting the same business. The consideration for the purchase was stock of the new company, to such of the old stockholders as would consent to take it, and money to the dissenting stockholders. Provision was made to raise the money necessary to fill up the capital stock to the required sum, and the sale was subject to the debts of the old company on August 16, 1867. The officers of the old company became the officers of the new company. ”