Legal Opinion

Wilner Friends Credit Ass'n v. Scheffres

City of New York Municipal Court

Decided February 2, 1941PublishedCited by 1 opinion

1Opinion of the CourtLivingston, J.

This is an application by the judgment creditor for the appointment of a receiver. It is opposed on the ground that the judgment creditor is a corporation which was dissolved prior to the institution of these proceedings by a proclamation issued pursuant to section 203-a of the Tax Law and that under this section, dissolved corporations could wind up their affairs, including the collection of their debts, only pursuant to the method outlined in section 106 of the Stock Corporation Law.

Whatever doubt existed at one time concerning the effect of a dissolution before March 2, 1940, under section…

2Cases cited5 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. F. E. Compton & Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1936
  3. S. M. & J. Eisenstadt, Inc. v. SweeneyAppellate Division of the Supreme Court of the State of New York · 1939
  4. Delaware & Hudson Co. v. Mechanicville & Fort Edward RailroadNew York Court of Appeals · 1935
  5. Matter of S.M. J. Eisenstadt, Inc.New York Court of Appeals · 1940

3Cited by1 opinion

  1. Walden Home Builders, Inc. v. SchmitAppellate Court of Illinois · 1945

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