Ferry v. Bank of Central New-York
New York Supreme Court
Iisr October last, upon the application of the plaintiff in this action, and by the consent of the defendant, represented by counsel, an order was made by this court at general term, enjoining the defendant from the exercise of its corporate functions and franchises, and appointing a receiver of its property and effects, upon the allegation of insolvency.
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Iisr October last, upon the application of the plaintiff in this action, and by the consent of the defendant, represented by counsel, an order was made by this court at general term, enjoining the defendant from the exercise of its corporate functions and franchises, and appointing a receiver of its property and effects, upon the allegation of insolvency. The action was brought by the plaintiff as a stockholder under the provisions of law regulating “ proceedings against corporations in equity.” (2 R. S. 461.) The receiver has taken possession of the property of the association, and made…
1Opinion of the Court
W. F. Allen, Justice.
The defendant asks for relief upon this motion, upon three principal grounds. 1st. That the injunction was irregular, having been granted without the giving of a bond or undertaking, against loss or damage to ensue from the injunction, if it should be finally adjudged that the plaintiff was not entitled to that process. 2d. That the provisions of the Revised Statutes for proceeding against corporations in equity, (2 R. S. 461,) were repealed by chapter 226 of the laws of 1849, (S. Laws, 1849, p. 340,) “ An act to enforce the responsibility of stockholders in certain…
2Cases cited4 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Dexter & Limerick Plank Road Co. v. AllenNew York Supreme Court · 1852
- Bank Commissioners v. Bank of BuffaloNew York Court of Chancery · 1837
- In re the Receiver of the City BankNew York Court of Chancery · 1843
3Cited by8 opinions
- Kincaid v. . DwinelleNew York Court of Appeals · 1875
- Denike v. New York & Rosendale Lime & Cement Co.New York Court of Appeals · 1880
- Hood v. Guaranty Trust Co.New York Court of Appeals · 1936
- Swords v. Northern Light Oil Co.New York Supreme Court · 1885
- Werner v. CrippenAppellate Division of the Supreme Court of the State of New York · 1935
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