McCulloch v. . Norwood
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon a case submitted under section 372 of the Code.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon a case submitted under section 372 of the Code. (Reported below, é Jones .& Spencer, 180.) The facts submitted were in substance as follows: On the 13th day of April, 1866, the Lorillard Fire Insurance Company issued to plaintiff a policy of insurance for the sum of $3,000, thus divided in the policy: “ $2,000 on his stone building, $800 on his steam engine and apparatus therein, and $200 on his household furniture, clothing and books stored therein.” Prior to issuing…
1Opinion of the CourtRapallo, J.
We feel constrained to differ from the learned court' below, on the question of the validity of the judgment rendered in the Ohio court, against the corporation of which the defendant is receiver, on the 14th of May, 1872. At that time the corporation was not in existence, it having been dissolved by a judgment, duly rendered by the Supreme Court of this State, on the 24th of October, 1871. And the defendant having been appointed receiver of its property and effects, the corporation had no longer any legal existence or capacity to be sued, or any property which could be subjected to a…
2Cited by36 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Crossman v. Vivienda Water Co.California Supreme Court · 1907
- Sturges v. . VanderbiltNew York Court of Appeals · 1878
- Venable Bros. v. Southern Granite Co.Supreme Court of Georgia · 1910
- Sinnott v. . HananNew York Court of Appeals · 1915
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