Martyne v. . American Union Fire Ins. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 14, 1915, which affirmed an order of Special Term granting a motion made by the commissioner of insurance of the commonwealth of Pennsylvania to set aside the service of the summons, warrant of attachment, and the levy and other acts and proceedings had or taken by the plaintiff in this action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 14, 1915, which affirmed an order of Special Term granting a motion made by the commissioner of insurance of the commonwealth of Pennsylvania to set aside the service of the summons, warrant of attachment, and the levy and other acts and proceedings had or taken by the plaintiff in this action. The Appellate Division in the order granting leave to appeal to this court has certified that in its opinion the following questions of law ought to be reviewed by the…
1Opinion of the CourtChase, J.
This action is brought against a corporation that has ceased to exist as such. The defendant corporation was dissolved by a court of competent jurisdiction in the state where it was incorporated and pursuant to the statutes of the state in which it obtained its corporate life.
Justice Story, in Mumma v. Potomac Company (8 Peters, 281, 286), said: “ There is no pretense to say, that a scire facias can be maintained, and a judgment had thereon against a dead corporation, any more than against a dead man.” (People v. American Loan & Trust Co., 172 N. Y. 371, 377; Bonaffe v. Fowler, 7 Paige, 576,…
2Cases cited19 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
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3Cited by55 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Clark v. WilliardSupreme Court of the United States · 1935
- Victrix Steamship Co. v. Salen Dry Cargo A.B.Court of Appeals for the Second Circuit · 1987
- Cornfeld v. Investors Overseas Services, Ltd.District Court, S.D. New York · 1979
- Victrix Steamship Co. v. Salen Dry CargoCourt of Appeals for the Second Circuit · 1987
50 more not listed; retrieve them via the Exa API.