Legal Opinion

In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.

New York Court of Appeals

Decided April 22, 1879PublishedCited by 23 opinions

Appeal from order of General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which denied a motion on the part of certain stockholders of said Dodge and Stevenson Manufacturing Company, to set aside certain Special Term orders, and granting the motion. (Reported below, 14 Hun, 440.) The nature of the orders and the facts appear sufficiently in the opinion.

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Appeal from order of General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which denied a motion on the part of certain stockholders of said Dodge and Stevenson Manufacturing Company, to set aside certain Special Term orders, and granting the motion. (Reported below, 14 Hun, 440.) The nature of the orders and the facts appear sufficiently in the opinion. The affinity of the judge to one of the stockholders of the corporation did not disqualify him from sitting in the case. (Bank of Lansingburgh v. McKee, 7 How., 360; 26 id., 601; Jewett v.…

1Opinion of the CourtBatallo, J.

By an order of the Supreme Court at a Special Term held by the Hon. C. C. Dwight, one of the justices of that court, on the 15th of June, 1876, Martin S. Cuykendall was appointed receiver of all the property and rights in action of the Dodge and Stevenson Manufacturing Company, including any and all liability of stockholders for unpaid stock, or for the debts of said corporation. On motion of the receiver so appointed, a further order ivas made at a Special Term held by the same judge on the 21st of July, 1876, directing an assessment upon the stockholders of the company liable for the debts…

2Cases cited3 opinions

  1. Towns of Winchester & Colebrook v. HinsdaleSupreme Court of Connecticut · 1837
  2. Place v. Butternuts Woolen & Cotton Manufacturing Co.New York Supreme Court · 1857
  3. Rivenburgh v. HennessNew York Supreme Court · 1871

3Cited by23 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. Matter of Rotwein (Goodman)New York Court of Appeals · 1943
  3. People v. . PatrickNew York Court of Appeals · 1905
  4. City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
  5. Patterson v. CollierSupreme Court of Georgia · 1885

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