Legal Opinion

Kincaid v. Dwinelle

The Superior Court of New York City

Decided May 2, 1874PublishedCited by 1 opinion

Appeal by defendant from a judgment entered on a decision made in a trial by the court, without a jury. The New York Silk Manufacturing Company was duly organized as a corporation, under the laws of the State. On December 11, 1866, one Douglas recovered a judgment against said company for work, labor and services performed by him for - said company, as superintendent and employee.

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Appeal by defendant from a judgment entered on a decision made in a trial by the court, without a jury. The New York Silk Manufacturing Company was duly organized as a corporation, under the laws of the State. On December 11, 1866, one Douglas recovered a judgment against said company for work, labor and services performed by him for - said company, as superintendent and employee. An execution was issued on such judgment against the property of said company, and was returned unsatisfied. Douglas thereafter sold and assigned his claim against said company and defendant herein, and the said…

1Opinion of the Court

By the Court.—Speir, J.

The appellant contends, that a receiver having been duly appointed in *331the suit by Jason Crane against the corporation, the corporation was ipso facto dissolved, and ceased to exist from and after the day such receiver qualified.

As the judgment recovered by Douglas, the.plaintifFs assignee, appears to have been regularly obtained on the face of the papers put in evidence, the only question is whether the appointment of the receiver in the above suit by Crane dissolved the corporation.

At common law, the only adverse legal proceedings was by scire facias, by which a…

2Cases cited4 opinions

  1. People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
  2. Shellington v. . HowlandNew York Court of Appeals · 1873
  3. In re Reformed Presbyterian ChurchNew York Supreme Court · 1853
  4. Nimmons v. TappanThe Superior Court of New York City · 1870

3Cited by1 opinion

  1. Allen v. New Jersey Southern RailroadNew York Supreme Court · 1875

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