Decker v. . Gardner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made June 13, 1890, which affirmed, a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made June 13, 1890, which affirmed, a judgment in favor of plaintiff entered upon a verdict. This action was brought originally against, the Buffalo, Yew York and Philadelphia Railroad Company, to recover for a trespass alleged to have been committed by said company in May, 1884. After the case was at issue, and in May, 1885, the defendant was appointed receiver of the property of said railroad company by the Circuit Court of the United States for the western district of…
1Opinion of the CourtBrown, J.
Jurisdiction to appoint receivers of corporations is wholly statutory.
The power to declare a forfeiture of corporate franchises was originally in England vested in the courts of law, and was exercised in a proceeding brought by the attorney-general in the name of the sovereign.
The Court of Chancery never assumed jurisdiction in such cases until it was conferred by act of parliament.
It declined until the power was conferred by statute to sequestrate corporate property through the medium of a receiver, or to dissolve corporate bodies, or to restrain the usurpation of corporate powers. (A. & A.…
2Cases cited11 opinions
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Slee v. BloomNew York Court of Chancery · 1821
6 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Seaboard Air Line Railway Co. v. DorseySupreme Court of Florida · 1932
- State ex rel. Boston & Montana Consol. C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
62 more not listed; retrieve them via the Exa API.