Wilkinson v. North River Construction Co.
New York Supreme Court
Motion by plaintiff or claimant to commence an action against Ashbel Green, as receiver of the North ¡River Construction Company, for the foreclosure of a mechanic’s lien, filed in the clerk’s office of Oneida county on the 21st day of December, 1883. The petition, which is entitled as above, alleges the appointment of Ashbel Green as receiver of the North River Construction Company, a corporation organized under the laws of the state of New Jersey, and that thereupon said…
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Motion by plaintiff or claimant to commence an action against Ashbel Green, as receiver of the North ¡River Construction Company, for the foreclosure of a mechanic’s lien, filed in the clerk’s office of Oneida county on the 21st day of December, 1883. The petition, which is entitled as above, alleges the appointment of Ashbel Green as receiver of the North River Construction Company, a corporation organized under the laws of the state of New Jersey, and that thereupon said receiver succeeded to all the right, title and interest of said company. That John Wilkinson, the petitioner, has the…
1Opinion of the CourtVann, J.
— Judge Gbeen was apparently appointed under the power conferred by section 1810 of the Code of Civil *426Procedure. By the third subdivision of that section the court is authorized to appoint a receiver of the property of a corporation in an action brought by a stockholder to preserve its assets. This section, which applies to both foreign and domestic corporations (sec. 1812), is the only one authorizing the appointment of a receiver for a corporation created under the laws of another state.
Section 1806, which authorizes an injunction to restrain creditors from bringing actions does not apply…
2Cases cited2 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
3Cited by5 opinions
- Ohrbach v. KirkebyAppellate Division of the Supreme Court of the State of New York · 1957
- Zeltner v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re Commercial BankAppellate Division of the Supreme Court of the State of New York · 1898
- In re Commercial BankAppellate Division of the Supreme Court of the State of New York · 1898
- Dhembi v. CarametaNew York Supreme Court · 1925