Boucker Contracting Co. v. W. H. Callahan Contracting Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1916, affirming’ an order of the Appellate Term which reversed an order of the City Court of the city of New York denying’ a motion to vacate an order appointing a receiver of a domestic corporation in proceedings supplementary to execution. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1916, affirming’ an order of the Appellate Term which reversed an order of the City Court of the city of New York denying’ a motion to vacate an order appointing a receiver of a domestic corporation in proceedings supplementary to execution. The facts, so far as material, and the question certified are stated in the opinion. It was the intention of the legislature by the amendment of 1908 to extend the remedy of supplementary proceedings, including the…
1Opinion of the Court
Willard Bartlett, Ch. J.
The question certified to this court for decision upon the present appeal is the following: “Maya receiver of the property of a domestic corporation he appointed in • proceedings supplementary . to execution ? ”
The Appellate Division and the Appellate Term have answered this question in the negative. We think their answer is correct.
Section 306 of the General Corporation Law (Cons. Laws, ch. 23; formerly section 1810 of the Code of Civil Procedure) provides that “A receiver of the property of a corporation can be appointed only by the court, and in one of the following…
2Cases cited2 opinions
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Logan v. McCall Publishing Co.New York Court of Appeals · 1893
3Cited by6 opinions
- Matter of DelaneyNew York Court of Appeals · 1931
- B. F. Huntley Furniture Co. v. ParkerMassachusetts Supreme Judicial Court · 1935
- Rosenberg v. Gamma Chapter, Pi Lambda Phi Fraternity, Inc.City of New York Municipal Court · 1929
- In re BruereAppellate Division of the Supreme Court of the State of New York · 1916
- Chanin Realty Corp. v. United States Bond & Mortgage Corp.City of New York Municipal Court · 1933
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