Stephens v. Page
New York Court of Common Pleas
Appeal from third district court. Action by George W. Stephens, as receiver of the McCall Publishing Company, a foreign corporation, against Arthur H. Page and Joseph H. Ringot, to recover the assets of such company, for the purpose of applying the same on an execution in favor of Walter Logan. Logan procured an order for the examination of such corporation in proceedings supplementary to execution, and, at the close of such examination, plaintiff was appointed receiver.
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Appeal from third district court. Action by George W. Stephens, as receiver of the McCall Publishing Company, a foreign corporation, against Arthur H. Page and Joseph H. Ringot, to recover the assets of such company, for the purpose of applying the same on an execution in favor of Walter Logan. Logan procured an order for the examination of such corporation in proceedings supplementary to execution, and, at the close of such examination, plaintiff was appointed receiver. One of the defenses interposed is that plaintiff has no capacity to sue, and that the court had no power or jurisdiction to…
1Opinion of the CourtGiegerich, J.
The principal question presented by this appeal is, can a foreign corporation, not having a place of business *699within the state, he examined as a judgment debtor in supplementary proceedings for the purpose of the appointment of a receiver of its assets to be applied upon an execution? - Section 2463 of the Code of Civil Procedure excepts from the provisions of the foregoing sections relating to supplementary proceedings, domestic corporations and foreign corporations specified in section 1812, except in proceedings by or against the people. Section 1812 refers to, and is to be read with,…
2Cases cited3 opinions
- Sherwood v. Buffalo & New-York City RailroadNew York Supreme Court · 1855
- Hinds v. Canandaigua & Niagara Falls RailroadNew York Supreme Court · 1855
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1854