Kingsley v. First National Bank
New York Supreme Court
Appeal from a judgment dismissing the complaint, entered upon the report of a referee. The plaintiff was appointed receiver of the Urbana Wine Company, an insolvent corporation, on the 25th day of January, 1881. On the 22d day of November, 1880, the defendant, the First National Bank of Bath, commenced an action against the Urbana Wine Company by the service of a summons and verified complaint on the general superintendent of the company.
Read the full summary
Appeal from a judgment dismissing the complaint, entered upon the report of a referee. The plaintiff was appointed receiver of the Urbana Wine Company, an insolvent corporation, on the 25th day of January, 1881. On the 22d day of November, 1880, the defendant, the First National Bank of Bath, commenced an action against the Urbana Wine Company by the service of a summons and verified complaint on the general superintendent of the company. No defense was interposed to the action, and judgment by default was entered on the 12th day of January, 1881, at twenty minutes past eleven in the-forenoon…
1Opinion of the Court
Barker, J.:
The Urbana Wine Company was a business and trading corporation, organized under the general law of 1848, and as such was empowered to hold real and personal property ; to contract debts *333and pay tlie same by an application of any of its assets in the usual and ordinary course of business. This company became insolvent prior to the commencement of any of the actions in which the several judgments set forth in the complaint, were recovered. It is admitted that the company was justly indebted to the several creditors in whose favor judgments were entered, and that there was no defense…
2Cases cited8 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Robinson v. . the Bank of AtticaNew York Court of Appeals · 1860
- Harris v. ThompsonNew York Supreme Court · 1853
- Dutcher v. . Importers Traders' Nat. BankNew York Court of Appeals · 1874
- In re WaterburyNew York Court of Chancery · 1840
3 more not listed; retrieve them via the Exa API.