Case of the North American Gutta-Percha Co.
New York Supreme Court
Appeal from an order denying a petition that the receiver of the North American Gutta-Percha Company pay out of the proceeds of certain property the amount of the petitioner’s executions against the company. The petitioners having recovered certain judgments against the North American Gutta-Percha Company, issued executions thereon on the 6th of September, 1858, which executions the sheriff levied, or assumed to levy, on property of the company.
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Appeal from an order denying a petition that the receiver of the North American Gutta-Percha Company pay out of the proceeds of certain property the amount of the petitioner’s executions against the company. The petitioners having recovered certain judgments against the North American Gutta-Percha Company, issued executions thereon on the 6th of September, 1858, which executions the sheriff levied, or assumed to levy, on property of the company. In the following month, and before any sale by the sheriff, the company was dissolved and a receiver appointed at the instance of other…
1Opinion of the Court
By the Court.—Davies, J.
A motion was made at the special term for an order upon the receiver, appointed on the dissolution of the above-named corporation to pay to the petitioners, Noble, Hammet, and Packer, two judgments recovered by them against the corporation. It appears from this petition that such judgments were recovered and executions issued; and as they allege, levies made before the appointment of the receiver. They also allege that the receiver has taken possession of the property levied on and sold the same, and has the proceeds in his hands. This application was made by the…
2Cases cited1 opinion
- Noe v. GibsonNew York Court of Chancery · 1839
3Cited by4 opinions
- Von Roun v. Superior CourtCalifornia Supreme Court · 1881
- Bates v. WigginSupreme Court of Kansas · 1887
- Seiler v. Union Manufacturing Co.West Virginia Supreme Court · 1901
- Weeks v. CornwallNew York Supreme Court · 1887