People v. Manhattan Real Estate & Loan Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1902, which affirmed a judgment of Special Term dissolving the defendant corporation and appointing a receiver of its effects. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1902, which affirmed a judgment of Special Term dissolving the defendant corporation and appointing a receiver of its effects. The facts, so far as material, are stated in the opinion. The attorney-general cannot maintain an action to dissolve the appellant in the name of the People, without a relator, merely because the superintendent of banks deems it “unsafe and inexpedient” for the corporation to continue business. (People v. M. C. Bank, 53 App. Div. 295; People v. R.…
1Opinion of the CourtO’Brien, J.
This is an action by the attorney-general in the name of the People to procure a judgment against the defendant for the annulment or forfeiture of its charter and the appointment of a receiver for the distribution of its assets. The defendant demurred to the complaint on the ground, among others, that the complaint does not state facts sufficient to constitute a cause of action. It is unnecessary to examine any other objection stated in the demurrer. The demurrer was overruled at the Special Term and leave, given to the defendant to answer, but it did not avail itself of this permission and…
2Cited by5 opinions
- Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961
- Furniss v. FurnissAppellate Division of the Supreme Court of the State of New York · 1911
- People v. Oriental BankAppellate Division of the Supreme Court of the State of New York · 1908
- Sauerbrunn v. Hartford Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
- People v. New York Building Loan Banking Co.New York Supreme Court · 1903