Ludington v. . Thompson
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered: June 5, 1896, upon an order of the Appellate Division in the first judicial department, overruling exceptions taken by defendant upon the trial, ordered to be heard in the first instance by the Appellate Division and directing judgment in plaintiff’s favor, with a notice of bringing up for review the order overruling the exceptions.
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Appeal from a judgment of the Supreme Court, entered: June 5, 1896, upon an order of the Appellate Division in the first judicial department, overruling exceptions taken by defendant upon the trial, ordered to be heard in the first instance by the Appellate Division and directing judgment in plaintiff’s favor, with a notice of bringing up for review the order overruling the exceptions. The action was brought upon eight promissory notes, some of which were made by the corporation of which the defendant is the receiver, and others were made by third parties and indorsed by the corporation, and…
1Opinion of the Court
Andrews, Oh. J.
The principal question on this appeal arises upon the defense of the Statute of Limitations.
The defendant is the receiver of Augustus Bans & Co., a manufacturing corporation, appointed by an order or decree of the court made February 29, 1888, in proceedings under the statute for the voluntary dissolution of corporations. The complaint avers that the corporation has been dissolved and the averment is not denied in the answer. Construing this averment in connection with the statute under which the proceedings were instituted, which only provides for the appointment of a receiver…
2Cases cited4 opinions
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Hardman v. . SageNew York Court of Appeals · 1891
- In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870
- In re WaterburyNew York Court of Chancery · 1840
3Cited by9 opinions
- Manufacturers Trust Co. v. KelbyCourt of Appeals for the Second Circuit · 1942
- Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
- Bankers Surety Co. v. . MeyerNew York Court of Appeals · 1912
- In re Baldwin Trading Corp.New York Court of Appeals · 1960
- Commissioner of Insurance v. Bristol Mutual Liability InsuranceMassachusetts Supreme Judicial Court · 1932
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