Watkins v. Watkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Watkins and Turner Lumber Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of St. Lawrence on the 3d day of August, 1896, upon the decision of the court rendered after a trial at the St. Lawrence Special Term on the héaring upon the demurrers interposed hy the several defendants to the plaintiffs’ complaint.
1Opinion of the Court
Parker, P. J.:
If we are compelled to look upon this action as one to dissolve the corporation and distribute its assets, through the medium of a receiver, it may be that it would be one that could not be maintained by a stockholder, and the defendants’ counsel insists that we must hold it to be such an action, because an appointment of a receiver of all the property and assets of the corporation is a part of the relief prayed for.
In the complaint before us there is no averment of facts that would warrant a dissolution of this corporation at the suit of any person (Code, §§ 1784, 1785, 1798),…
2Cases cited9 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
- Litchfield v. . FlintNew York Court of Appeals · 1887
- Hemmingway v. . PoucherNew York Court of Appeals · 1885
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3Cited by1 opinion
- Whitman v. Holmes Publishing Co.New York Supreme Court · 1900