Legal Opinion

In re E. M. Boynton Saw & File Co.

New York Supreme Court

Decided December 15, 1884Published

1Opinion of the CourtBbown, J.

— This is a purely statutory proceeding, and the court has no power or authority to act, except as such power is conferred by the statute. The authority for the appoint*70ment of a receiver is given by section 2429 of the Code, and this can only be exercised upon granting the final order dissolving the corporation. There was no power in the court therefore to appoint a temporary receiver, and the order of ¡November 2, 1883, was void. This view of the statute is in harmony with the decision of the courts (Matter of French Mfg. Co., 12 Hun, 488; Chamberlain agt. Rochester S. P. V. Co., 7 Hun, 557;…

2Cases cited1 opinion

  1. In re Eagle Iron WorksNew York Court of Chancery · 1840

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