Duncan v. George C. Treadwell Co.
New York Supreme Court
Appeal from special term, Albany county. Action by James R. Duncan against the George C. Treadwell Company and others. From an order denying a motion by F. T. .Herx and others, judgment creditors of defendant corporation, for an order directing the receiver of defendant to pay to the sheriff the amount due on their judgments, said judgment creditors appeal.
1Opinion of the CourtPutnam, J.
If the receiver had been appointed in an action for the dissolution of the George C. Treadwell Company, and the dis*341tribution of its assets among creditors, brought by the attorney general or a judgment creditor after an execution had been returned unsatisfied, or in a proceeding for the voluntary dissolution of the corporation, the order from which the appeal is taken would not have been disturbed. Attorney General v. Continental Life Ins. Co., 28 Hun, 360; Woerishoffer v. North River Const. Co., 99 N. Y. 398, 2 N. E. 47. But this was an action by a stockholder against the corporation and two…
Also in this document: Concurrence.
2Cases cited1 opinion
- Woerishoffer v. North River Constraction Co.New York Court of Appeals · 1885
3Cited by4 opinions
- Ashton v. PenfieldSupreme Court of Missouri · 1911
- Cronan v. District CourtIdaho Supreme Court · 1908
- State ex rel. Hadley v. People's United States BankSupreme Court of Missouri · 1906
- Halpin v. Mutual Brewing Co.New York Supreme Court · 1895