Adee v. . Bigler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Bigler entered upon an order sustaining a demurrer to plaintiff’s complaint. The complaint in this action alleged in substance that defendant, The Hudson River & Kennebec Ice Company, a corporation duly organized, etc., was indebted to plaintiff in a sum specified for money loaned.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Bigler entered upon an order sustaining a demurrer to plaintiff’s complaint. The complaint in this action alleged in substance that defendant, The Hudson River & Kennebec Ice Company, a corporation duly organized, etc., was indebted to plaintiff in a sum specified for money loaned. That said corporation prior to January 4, 1877, was the owner of real estate and other property of the value of $80,000. That said corporation was at the date specified wholly…
1Per curiam
The plaintiff in his complaint claims that he has a valid claim against the defendant for money loaned, and asks for judgment for the amount of his claim, and that a conveyance and transfer of the property of the company be set aside, and for the appointment of a receiver.
It is urged that an action can be sustained to set aside the conveyance and transfer, upon the ground that it was made by an insolvent corporation, in contravention of the statute. There is no force in this position, and the remarks cited from the opinion of ¡Nelson, J"., in McElwain v. Willis (9 Wend. 548), are not…
2Cases cited4 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
3Cited by18 opinions
- Grays Harbor Commercial Co. v. FiferWashington Supreme Court · 1917
- Baxter v. MosesSupreme Judicial Court of Maine · 1885
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
- Trotter v. . LismanNew York Court of Appeals · 1910
- McKee v. City Garbage Co.Michigan Supreme Court · 1905
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