Bartlett v. . Drew
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 4 Lans., 444.) This was an action in the nature of a creditor’s bill brought by plaintiff as judgment creditor of the New Jersey Steam Navigation Company after the return of an execution, nulla bona, to reach certain assets of the said company alleged to he in the hands of defendant, Drew. In September, 1866, the plaintiff recovered in the Supreme Court a judgment against the New Jersey Steam…
1Opinion of the Court
Reynolds, C.
It is insisted by the defendant, Drew, that the plaintiff can maintain no action against him alone, but that she must prosecute not only all the stockholders, to the end that each'shall contribute his proportion to the payment of her debt, but her suit must be brought on her own behalf and on behalf of all the other creditors of the corporation who may choose' to come in. In other words, in order to col lect her debt against the company, she must institute a suit • to wind up and finally settle all its affairs. That she migKt do this is not' to be doubted, but that she of…
2Cases cited2 opinions
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
- Tinkham v. BorstNew York Supreme Court · 1860
3Cited by85 opinions
- Phillips v. CommissionerSupreme Court of the United States · 1931
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Hatch v. DanaSupreme Court of the United States · 1880
- In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
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