Zeltner v. Henry Zeltner Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Yorlcville Bank from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of June, 1902, denying the motion of the said Yorkville Bank to vacate and set aside an.order entered in said clerk’s office on the 7th day of February, 1902, appointing William B. Sutherland receiver of the defendant, The Henry Zeltner Brewing Company, and also denying appellant’s motion for…
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Appeal by the Yorlcville Bank from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of June, 1902, denying the motion of the said Yorkville Bank to vacate and set aside an.order entered in said clerk’s office on the 7th day of February, 1902, appointing William B. Sutherland receiver of the defendant, The Henry Zeltner Brewing Company, and also denying appellant’s motion for leave to enter judgments in its actions against said defendant company and to issue executions thereon.
1Opinion of the Court
Willard Bartlett, J.:
The receiver was appointed under subdivision 3 of section 1810 of the Code of Civil Procedure which provides for a receivership in an action brought by the Attorney-General “ or by a stockholder to preserve the assets of a corporation having no officer empowered to hold the same.”
The action was brought by William H. Zeltner as an individual stockholder in the Henry Zeltner Brewing Company and as the executor of a deceased stockholder. The complaint alleged that the condition of the business of the corporation was such that it was unable to obtain ready money to meet its…
2Cases cited3 opinions
- Noble v. EulerAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. DanzigNew York Supreme Court · 1883
- Wilkinson v. North River Construction Co.New York Supreme Court · 1884
3Cited by5 opinions
- Andre v. BehaAppellate Division of the Supreme Court of the State of New York · 1925
- Ehret v. George Ringler Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Yorkville Bank v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ehret v. RinglerNew York Supreme Court · 1911
- Zeltner v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903