Dambman v. Empire Mill
New York Supreme Court
This was an appeal from an order made at the New-York special term in April, 1851, by Mr. Justice King. The defendant, the “ Empire Mill,” was a corporation engaged in the manufacture of woolen goods, in the county of Oneida, formed in July, 1846, under the acts of the legislature of the state of New-York, relative to incorporations for manufacturing purposes; it became insolvent, and judgments were obtained by several of its creditors, previous to the month of April, 1851,…
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This was an appeal from an order made at the New-York special term in April, 1851, by Mr. Justice King. The defendant, the “ Empire Mill,” was a corporation engaged in the manufacture of woolen goods, in the county of Oneida, formed in July, 1846, under the acts of the legislature of the state of New-York, relative to incorporations for manufacturing purposes; it became insolvent, and judgments were obtained by several of its creditors, previous to the month of April, 1851, in suits instituted against it. On the 8th of April, 1851, the plaintiff, Dambman, commenced a suit against the Empire…
1Opinion of the Court
By the Court,
Edmonds, P. J.
There are two prominent objections presented on this appeal to the order made at the *345special term. First. That the plaintiff being a creditor at large, and not a judgment and execution creditor, can not commence his suit, and ask for a receiver. Second. But if he can, still he has been anticipated by the Maynard suit.
The first objection is founded on the idea that because the statute, (2 R. S, 463, § 42, [sec. 36,]) confers upon a creditor, who has a judgment and an execution unsatisfied, the power of applying for a receiver and a dissolution of the corporation,…
2Cited by3 opinions
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1854
- Chapman v. LepotskyLorain Circuit Court · 1913
- Currier v. New York, West Shore & Buffalo RailroadNew York Supreme Court · 1885