# Hibbs v. . Brown

> New York Court of Appeals · December 10, 1907 · 190 N.Y. 167

URL: https://www.frixlaw.com/law-library/cases/3579718

## Case

- **Full name:** William B. Hibbs, Appellant, v. Alexander Brown Et Al., Respondents
- **Court:** New York Court of Appeals
- **Decided:** December 10, 1907
- **Citations:** 190 N.Y. 167; 28 Bedell 167; 82 N.E. 1108; 1907 N.Y. LEXIS 1364
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Bartlett, Cullen, Hiscock, O'Brien, Werner
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3579718

## Opinion text

I agree with the opinion of Judge WERNER that if the clause in the bonds in controversy here relieving the shareholders from personal liability were effective, it would render the bonds non-negotiable and lead to a reversal of the order below. But I also agree with him that such exemption clause is repugnant to the general tenor of the bonds which are intended to be negotiable and which have been purchased by the public as such and, therefore, should be eliminated and disregarded. Still further, I agree with the opinion of Judge EDWARD T. BARTLETT that any provision in the contract of a joint stock association relieving the shareholders from liability is contrary to public policy and void, since it would enable the shareholders of such associations to obtain all the immunities of stockholders in a corporation without incorporating and subjecting themselves to the restrictions and regulations imposed by law on corporations. *Page 194

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3579718. Public record. Not legal advice.