Legal Opinion
Giovannangeli v. Levich & Pollach, Inc.
New York Supreme Court
Decided March 19, 1929PublishedCited by 5 opinions
1Opinion of the CourtCotillo, J.
The action is brought to recover a balance due plaintiff of a fund deposited by the plaintiff with the defendant. The answer contains two affirmative defenses. The first is that in 1922 the defendant procured a certificate of dissolution from the Secretary of State. The second defense is the Statute of Limitations. The first defense fails as the mere dissolution of a corporation does not absolutely destroy its existence. The law is clear that it nevertheless continues for the liquidation of its assets and the payment of its debts, and it may sue and be sued in its corporate name. (Gen. Corp.…
2Cases cited3 opinions
- Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bank of British North America v. Merchants' National BankNew York Court of Appeals · 1883
- Adams v. Orange County BankNew York Supreme Court · 1837
3Cited by5 opinions
- O'Sullivan Rubber Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- O'Connor v. CommissionerUnited States Tax Court · 1967
- Bloedorn v. Washington Times Co.District Court, District of Columbia · 1937
- Acton v. Washington Times Co.District Court, D. Maryland · 1935
- Display Stage Lighting Co. v. Century Lighting, Inc.District Court, S.D. New York · 1941