Legal Opinion

In Re the Voluntary Dissolution of Rateau Sales Co.

New York Court of Appeals

Decided April 4, 1911PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1910, which affirmed an order of Special Term dissolving the Bateau Sales Company (a business corporation) and appointing a receiver of its property. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1910, which affirmed an order of Special Term dissolving the Bateau Sales Company (a business corporation) and appointing a receiver of its property. The facts, so far as material, are stated in the opinion. The complaint in the equity suit, the demurrer thereto of the Bateau Sales Company, and the decision of the court overruling the demurrer, should have been admitted in evidence, inasmuch as it formed a record of an admission by the Bateau Sales Company of all the…

1Opinion of the CourtWillard Bartlett, J.

This is a proceeding for the voluntary dissolution of the Bateau Sales Company, instituted upon the petition of a majority of the directors under sections 170 and 171 of the General Corporation Law. An answer was interposed in behalf of several minority stockholders, raising issues which were litigated to some extent before the referee to whom the matter was sent upon the return of the order to show cause prescribed in such cases. He reported in favor of dissolution and upon the confirmation of his report by the court the final order was made of which the appellants complain. I think it ought…

2Cited by7 opinions

  1. In re the Dissolution of Clemente Bros.Appellate Division of the Supreme Court of the State of New York · 1963
  2. In re the Dissolution of Kaufman Circle Express Co.New York Supreme Court · 1941
  3. In re the Application for a Voluntary Dissolution of Great Northern Trading Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. In re the Quicksilver Mining Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. In re Cowles Realty Co.Appellate Division of the Supreme Court of the State of New York · 1920

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