In re the Application for a Voluntary Dissolution of the Dolgeville Electric Light & Power Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 19, 1899, affirming two orders of the Special Term in a proceeding for the voluntary dissolution of a corporation, one confirming the report of a referee and dissolving the Dolgeville Electric Light and Power Company, the other denying an application of the Commercial Bank, a creditor of the corporation, to dismiss the proceedings.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 19, 1899, affirming two orders of the Special Term in a proceeding for the voluntary dissolution of a corporation, one confirming the report of a referee and dissolving the Dolgeville Electric Light and Power Company, the other denying an application of the Commercial Bank, a creditor of the corporation, to dismiss the proceedings. The facts, so far as material, are stated in the opinion. The court acquired no jurisdiction to make an order dissolving this corporation, unless the…
1Opinion of the Court
Parker, Ch. J.
In this proceeding, taken for the purpose of winding up the affairs of the Dolgeville Electric Light and *502Power Company on the ground of its insolvency, the point was seasonably and properly made by the Commercial Bank, a creditor, that the court had no jurisdiction to make the •order dissolving the corporation, inasmuch as the petition presented to the court was not verified by a majority of the directors of the corporation. The point was well taken if it was the fact that the petition had not been' verified by a majority of the directors; for this is a purely statutory…
2Cited by5 opinions
- In re the Voluntary Dissolution of the Lenox Corp.Appellate Division of the Supreme Court of the State of New York · 1901
- In re Dissolution of Packer City Tire & Rubber Co.South Dakota Supreme Court · 1917
- In Re the Election of Directors of the Westchester Trust Co.New York Court of Appeals · 1906
- Hegeman v. Atlantic Rubber Shoe Co.New Jersey Court of Chancery · 1907
- In re RybackAppellate Division of the Supreme Court of the State of New York · 1972