Syracuse Savings Bank v. Syracuse, Chenango & New York Railroad
New York Court of Appeals
Appeal by certain stockholders of the defendant, from a portion of an order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881. The order of General Term, the portion appealed from, and the material facts are set forth in the opinion. The appointment of the receiver was a final order and operated as a virtual dissolution of the corporation. (2 R. S. 463, art. 2, tit. 4, chap. 8, pt. 3, §§ 36, 37; Verplanck v. Ins.
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Appeal by certain stockholders of the defendant, from a portion of an order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881. The order of General Term, the portion appealed from, and the material facts are set forth in the opinion. The appointment of the receiver was a final order and operated as a virtual dissolution of the corporation. (2 R. S. 463, art. 2, tit. 4, chap. 8, pt. 3, §§ 36, 37; Verplanck v. Ins. Co., 2 Paige, 348, 352; Mann v. Pentz, 3 N. Y. 415; 4 Paige, 225; 6 id. 503; 9 id. 15; 10 id. 382; Curtis v. Leavitt, 15 N. Y. 43;…
1Opinion of the CourtEarl, J.
In 1878 the plaintiff recovered a judgment against the defendant for upwards of $7,000. An execution was issued upon that judgment and returned unsatisfied. Thereafter an action was commenced (under 2 E. S. 463, §§ 36 and 37) to sequestrate the stock and property, things in action and effects of the defendant, and for the appointment of a receiver; and a receiver was appointed on the 3d day of January, 1879. The assets of the corporation consisted mainly of its road and rolling stock. The amount of ■ its capital was $801,400, divided into common and preferred stock, as follows: $301,400 par *113va…
2Cases cited5 opinions
- Folger v. . FitzhughNew York Court of Appeals · 1869
- Gracie v. . FreelandNew York Court of Appeals · 1848
- Anonymous v. AnonymousNew York Supreme Court · 1855
- Tracy v. TalmadgeNew York Supreme Court · 1855
- In re Commissioners of Central ParkNew York Supreme Court · 1871
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