Legal Opinion

In re New York Oxygen Co.

New York Supreme Court

Decided May 2, 1895Published

Application by the New York Oxygen Company for a voluntary dissolution.

1Opinion of the CourtBeekman, J.

It is quite plain that, upon the dissolution of a corporation, actions for personal injuries pending against it, untried, abate, and cannot be revived or continued against the receiver. The rule in such cases is the same as where the defendant is a' natural person, and the cause of action dies with the death of the tort feasor. Grafton v. Union Ferry Co. (N. Y. City Ct.) 19 N. Y. Supp. 966; Sturges v. Vanderbilt, 73 N. Y. 384; McCulloch v. Norwood, 58 N. Y. 562. By chapter 295 of the Laws of 1832 it was provided that any suit or proceeding against a corporation, which shall have been…

2Cases cited3 opinions

  1. Sturges v. . VanderbiltNew York Court of Appeals · 1878
  2. McCulloch v. . NorwoodNew York Court of Appeals · 1874
  3. Grafton v. Union Ferry Co.New York City Court · 1892

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