People v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal by Charles H. Russell, receiver of the defendant, the Knickerbocker Life Insurance Company, from an order of the General Term of the Supreme Court in the first judicial department, made April 23, 1887, which reversed an order of Special Term disallowing the claim of Pleasant H. Pendleton and others to- a share in the assets in the hands of the receiver.
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Appeal by Charles H. Russell, receiver of the defendant, the Knickerbocker Life Insurance Company, from an order of the General Term of the Supreme Court in the first judicial department, made April 23, 1887, which reversed an order of Special Term disallowing the claim of Pleasant H. Pendleton and others to- a share in the assets in the hands of the receiver. (Reported below, 43 ELun, 574.) The nature of the claim and the material facts are as follows: The Knickerbocker Life Insurance Company was dissolved in December, 1882, by a decree of the Supreme Court of this State, and the appellant…
1Opinion of the CourtDanforth, J.
We think the appeal should prevail. As for the defendant of record, its dissolution put an end to the action; and at the time of the rendition of the judgment it had neither legal existence, capacity to be sued, nor any property against which a judgment could be enforced, while the receiver, who by authority of law had taken its effects, had not been made a party to the action in which the judgment was recovered. It is, therefore, plain that the funds in his hands should not be affected by it, unless by interference or otherwise, under the direction of the court appointing him, he has made…
2Cases cited1 opinion
- Castle v. . NoyesNew York Court of Appeals · 1856
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- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- In re the Estate of EinstossNew York Court of Appeals · 1970
- Nankivel v. . Omsk All Russian GovernmentNew York Court of Appeals · 1923
- Rodgers v. Adriatic Fire InsuranceNew York Court of Appeals · 1895
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