Low v. R. P. K. Pressed Metal Co.
Supreme Court of Connecticut
Suit to secure the plaintiff’s appointment as receiver of the defendant Metal Company, as ancillary to his appointment as temporary receiver by the Supreme Court of New York, also to obtain a cancellation of all orders of the Superior Court in Fairfield County (Williams, J.) theretofore passed in receivership proceedings pending before it, upon the alleged ground of a lack of jurisdiction in said court in the premises, and for other equitable relief, brought to the Superior…
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Suit to secure the plaintiff’s appointment as receiver of the defendant Metal Company, as ancillary to his appointment as temporary receiver by the Supreme Court of New York, also to obtain a cancellation of all orders of the Superior Court in Fairfield County (Williams, J.) theretofore passed in receivership proceedings pending before it, upon the alleged ground of a lack of jurisdiction in said court in the premises, and for other equitable relief, brought to the Superior Court in Fairfield County where a demurrer to the complaint was sustained (Webb, J.) and judgment rendered for the…
1Opinion of the CourtBeach, J.
In the absence of statute, a corporation cannot be dissolved by judicial decree, except in an action commenced in the name of the State which created it. Hardon v. Newton, 14 Blatchf. (U. S.) 376, Fed. Cas. No. 6054; Elizabethtown Gas Light Co. v. Green, 46 N. J. Eq. 118, 18 Atl. 844; Pride v. Pride Lumber Co., 109 Me. 452, 458, 84 Atl. 989. Hence courts of equity have, in the absence of statutory authority, been unwilling to appoint receivers of corporations in liquidation proceedings at the instance of private suitors, lest they should by indirection accomplish all the practical…
2Cases cited6 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Buswell v. Supreme Sitting of the Order of the Iron HallMassachusetts Supreme Judicial Court · 1894
- Sands v. E. S. Greeley & Co.Court of Appeals for the Second Circuit · 1898
- Maguire v. Mortgage Co. of AmericaCourt of Appeals for the Second Circuit · 1913
- Baldwin v. HosmerMichigan Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Receivers Middlesex Banking Co. v. Realty Investment Co.Supreme Court of Connecticut · 1926
- Samson v. BerginSupreme Court of Connecticut · 1951
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
- Carpinter & Baker v. City Equitable Fire InsuranceNew York Court of Appeals · 1924
- Chambers v. Blickle Ford Sales, Inc.Court of Appeals for the Second Circuit · 1963
17 more not listed; retrieve them via the Exa API.