Legal Opinion

In re the Directors of the Binghamton General Electric Co.

New York Court of Appeals

Decided October 9, 1894PublishedCited by 14 opinions

Appeal from order of the General Term of the Supreme Court in tlie fourth judicial department, made May 18, 1894, which modified and affirmed as modified an order of Special Term which modified an order of said court appointing a receiver of the Binghamton General Electric Company. The nature of the proceeding, the facts and provisions of the order appealed from, so far as material, are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court in tlie fourth judicial department, made May 18, 1894, which modified and affirmed as modified an order of Special Term which modified an order of said court appointing a receiver of the Binghamton General Electric Company. The nature of the proceeding, the facts and provisions of the order appealed from, so far as material, are stated in the opinion. A proceeding for a voluntary dissolution of a corporation is a purely statutory one, in which the court has no power or authority to act excejjt as such power is conferred by statute.…

1Opinion of the CourtBartlett, J.

This is a proceeding for the voluntary dissolution of a corporation under title XI, chapter XVII of the Code of Civil Procedure. In the order appointing the temporary receiver, all creditors, corporations and other persons were restrained from foreclosing or selling the bonds of the Binghamton General Electric Company pledged as collateral, and from reducing the same to possession. The Bing*263liamton Trust Company having, prior to the institution of this proceeding, loaned money to, the Binghamton General Electric Company and taken its bonds as collateral security, moved to modify the injunction…

2Cases cited3 opinions

  1. Evertson v. BoothNew York Supreme Court · 1822
  2. United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
  3. Ruggles v. . ChapmanNew York Court of Appeals · 1874

3Cited by14 opinions

  1. Wright v. Seaboard Steel & Manganese Corp.Court of Appeals for the Second Circuit · 1921
  2. Matter of ColemanNew York Court of Appeals · 1903
  3. In re Hamilton Park Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. First Union Trust & Savings Bank v. BernardinCourt of Appeals for the Eighth Circuit · 1932
  5. In re the Directors of the Seneca Oil Co.Appellate Division of the Supreme Court of the State of New York · 1912

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