In Re the Voluntary Dissolution of Hulbert Bros.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supréme Court in the first judicial department, entered March ■28, 1899, reversing an order of Special Term which denied a motion to modify an order entered upon an accounting of a receiver in a proceeding for the voluntary dissolution of a corporation, and granting the motion. The facts, so far as material, are stated in the opinion. The deed of trust under which the respondent claims is in effect a mortgage.
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Appeal from an order of the Appellate Division of the Supréme Court in the first judicial department, entered March ■28, 1899, reversing an order of Special Term which denied a motion to modify an order entered upon an accounting of a receiver in a proceeding for the voluntary dissolution of a corporation, and granting the motion. The facts, so far as material, are stated in the opinion. The deed of trust under which the respondent claims is in effect a mortgage. (Crow v. Beardsley, 68 Mo. 435; Union Bank v. Kansas City Bank, 136 U. S. 223; Hargadine v. Henderson, 97 Mo. 375, 386; State v.…
1Opinion of the CourtO’Brien, J.
The respondent’s counsel insists most strenuously that this court has no jurisdiction to review the order from which this appeal is taken. That is the question to be first considered and disposed of. In order to appreciate this objection, it is necessary to know just how the order originated and what.it does or assumes to do. It was made in this proceeding, which, as the title indicates, was one to dissolve a corporation under the provisions of chapter 17, title 11 of the Code (§§ 2419-2431). It is quite unnecessary to enter upon any argument to show that a proceeding for the voluntary…
2Cases cited4 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Hargadine v. HendersonSupreme Court of Missouri · 1888
3Cited by4 opinions
- In re FrenchAppellate Division of the Supreme Court of the State of New York · 1918
- Matter of Board of EducationNew York Court of Appeals · 1902
- Trust Co. of America v. . United Boxboard Co.New York Court of Appeals · 1915
- Jacobs v. Manufacturers Trust Co.District Court, S.D. New York · 1948