Legal Opinion

Judson v. Rossie Galena Co.

New York Court of Chancery

Decided May 17, 1842PublishedCited by 18 opinions

This was an application by E. A. Bancker, a stockholder of the Rossie Galena Company, and one of the defendants in this suit, for an order and injunction to restrain certain creditors of the corporation, whose executions against the property of such corporation had been returned unsatisfied, from proceeding at law against the petitioner for the recovery of their respective debts.

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This was an application by E. A. Bancker, a stockholder of the Rossie Galena Company, and one of the defendants in this suit, for an order and injunction to restrain certain creditors of the corporation, whose executions against the property of such corporation had been returned unsatisfied, from proceeding at law against the petitioner for the recovery of their respective debts. The company was incorporated in 1837, for the purpose of raising and smelting lead ore, or galena, at Rossie in the county of St. Lawrence, for the term of ten years. By the provisions of the charter the stockholders…

1Opinion of the Court

The Chancellor.

The language of the 56th section-of the article of the revised statutes relative to proceedings against corporations in equity, (2 R. S. 466,) is undoubtedly broad enough to reach this case. For the original bill appears to have been filed, under that article of the revised statutes, to reach the corporate property which the complainants had not been able to obtain upon their execution. It is true, the 36th section appears to contemplate a proceeding by petition, for a sequestration of the corporate property and effects, and for the appointment of a receiver. But I see no…

2Cited by18 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Pfohl v. . SimpsonNew York Court of Appeals · 1878
  3. Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
  4. Dunn v. Bank of UnionWest Virginia Supreme Court · 1914
  5. People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879

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