Mabon v. D. G. Yuengling Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners in the above-entitled proceeding and Commodore P. Yedder, the receiver of the defendant,, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of September, 1897, modifying an injunction order entered in said clerk’s office on the 17th day of June, 1897, dissolving the defendant corporation so as to permit the continuance of an action against such…
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Appeal by the petitioners in the above-entitled proceeding and Commodore P. Yedder, the receiver of the defendant,, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of September, 1897, modifying an injunction order entered in said clerk’s office on the 17th day of June, 1897, dissolving the defendant corporation so as to permit the continuance of an action against such corporation to recover damages for personal injuries to the plaintiff alleged to have been caused by the negligence of the…
1Opinion of the Court
Ingraham, J.:
The appeal from this order has been argued by counsel as though it, in effect, continued the action against the receiver of the defendant corporation which has been dissolved by a judicial decree, and
*224the appellant appointed receiver; and in disposing of the appeal we will assume, as the parties have assumed, that such is the effect of the order appealed from. The question presented, therefore, is whether the cause of action survives the dissolution of the corporation so as to justify an order continuing it as against the receiver. It is not disputed but that at common law, upon…
2Cases cited5 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Marstaller v. . MillsNew York Court of Appeals · 1894
- Hepworth v. Union Ferry Co.New York Supreme Court · 1891
3Cited by2 opinions
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900