Trotter v. . Lisman
New York Court of Appeals
Appeal from a filial judgment, entered June 2,1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining demurrers to the complaint.
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Appeal from a filial judgment, entered June 2,1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining demurrers to the complaint. The plaintiff brings this action as the receiver of the Gil-man-McNeill Company, a creditor of the defendant, the Iron Railway Company, to reach assets alleged to have been received by certain stockholders of the railway company, defendant here, and to have them applied to the payment of his claim. The defendants demurred to the complaint, upon the…
1Opinion of the CourtGray, J.
It does not appear from the complaint that the plaintiff has recovered any judgment against the debtor railway company in any court of this state; nor are any facts stated from which it would appear that an action could not have been brought against it here. It is a defendant in this action ; submitting to the jurisdiction of the court. Notwithstanding, therefore, the judgment which was recovered within the state of Ohio, the plaintiff, in this state, is to be regarded, merely, as a general creditor and his complaint was properly demurrable. The rule was early established in this state, that…
2Cases cited3 opinions
- Tarbell v. GriggsNew York Court of Chancery · 1831
- Adee v. . BiglerNew York Court of Appeals · 1880
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
3Cited by8 opinions
- Irvine v. . New York Edison Co.New York Court of Appeals · 1913
- Trotter v. . LismanNew York Court of Appeals · 1913
- Castriotis v. . Guaranty Trust Co.New York Court of Appeals · 1920
- Wire Wheel Corp. v. CommissionerUnited States Board of Tax Appeals · 1929
- Island Paper Co. v. Carthage Timber Corp.New York Supreme Court · 1926
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