Ward v. Connecticut Pipe Manufacturing Co.
Supreme Court of Connecticut
Application by a receiver lor instructions in regard to tbe allowance and payment of certain-claims presented against tbe defendant corporation, brought to the Superior Court in New Haven County and reserved by that court, Bor abade, J., upon an agreed statement of facts, for the consideration and advice of this court.
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Application by a receiver lor instructions in regard to tbe allowance and payment of certain-claims presented against tbe defendant corporation, brought to the Superior Court in New Haven County and reserved by that court, Bor abade, J., upon an agreed statement of facts, for the consideration and advice of this court. The Davies & Thomas Company, a Pennsylvania corporation, was a creditor of the defendant, a Connecticut corporation, which was then engaged in construction work in Brooklyn, New York, under a contract with the Kings County Electric Light Company. For the purposes of this work…
1Opinion of the CourtBaldwin, J.
The judgment recovered by default in the Supreme Court of the State of New York cannot found a claim against the estate in the hands of the receiver. The only service of process upon the defendant having been made out of that State, there exists no personal obligation on its part to pay it.
The right of the Davies & Thomas Company, however, to present its original account against the defendant for allowance in the receivership proceedings in this State, was not prejudiced by its having put it into judgment in New York. That was necessary to secure the benefit of the attachment which had been…
2Cases cited10 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Guillander v. . HowellNew York Court of Appeals · 1866
- Lyon v. LymanSupreme Court of Connecticut · 1831
- In re Waddell-Entz Co.Supreme Court of Connecticut · 1896
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3Cited by19 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Clark v. WilliardSupreme Court of the United States · 1935
- Bassett v. City Bank & Trust Co.Supreme Court of Connecticut · 1932
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
- McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
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