In re Directors of Yuengling Bee Wing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. In the matter of the application of a majority of the directors of the-D. G. Yuengling Brewing Company for a voluntary dissolution of the corporation. The company appealed from an order modifying an order dissolving the corporation, so as to permit continuation of am action against it to recover for personal injuries alleged to have been caused by its negligence.
1Opinion of the CourtIngraham, J.
The appeal from this order has been argued by counsel as though it, in effect, continued the action against the receiver of the defendant corporation which has been dissolved by a judicial decree, and the appellant appointed receiver; and, in disposing of the appeal, we will assume, as the parties have assumed, that such is the effect of the order appealed from. The question presented, therefore, is whether the cause of action survives the dissolution of the corporation so as to justify an order continuing it as against the receiver. It is not disputed but that at common law, upon the…
2Cases cited5 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Marstaller v. . MillsNew York Court of Appeals · 1894
- Hepworth v. Union Ferry Co.New York Supreme Court · 1891
3Cited by2 opinions
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900