Lilienthal v. . Betz
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supremo Court in the first judicial department, entered December 1, 1905, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustaining such demurrer. ■ The Appellate Division held that the complaint stated facts sufficient to constitute a cause of action, but that the discharged receiver of the D. G. Yuengling Brewing Company was a necessary party either as…
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Appeal, by permission, from an order of the Appellate Division of the Supremo Court in the first judicial department, entered December 1, 1905, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustaining such demurrer. ■ The Appellate Division held that the complaint stated facts sufficient to constitute a cause of action, but that the discharged receiver of the D. G. Yuengling Brewing Company was a necessary party either as plaintiff or defendant, and, hence, that there was a defect of parties. The following questions were certified: “ I. Is…
1Opinion of the CourtWillard Bartlett, J.
This is a suit in equity brought by two creditors of the D. G. Yuengling Brewing Company, a dissolved corporation, suing in behalf of themselves and of all other creditors similarly situated, against the former treasurer of the corporation to impress a trust for the payment of the general creditors of the corporation upon certain property acquired by the defendant on a sale thereof by the receiver in voluntary dissolution proceedings. The amended complaint alleges that the defendant with intent to hinder, delay and defraud the creditors .of the D. G. Yuengling Brewing Company, entered into a…
2Cases cited5 opinions
- McNulta v. LochridgeSupreme Court of the United States · 1891
- Ryan v. HaysTexas Supreme Court · 1884
- Decker v. . DeckerNew York Court of Appeals · 1888
- New York & Western Union Telegraph Co. v. JewettNew York Court of Appeals · 1889
- Bond v. StateMississippi Supreme Court · 1891
3Cited by6 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Byrnes v. OwenNew York Court of Appeals · 1926
- Levy v. Paramount Publix Corp.New York Supreme Court · 1933
- Steele v. IsmanAppellate Division of the Supreme Court of the State of New York · 1914
- Nielson v. FarleyDistrict Court, S.D. New York · 1939
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