In re Atlas Iron Construction Co.
The Superior Court of the City of New York and Buffalo
In the matter of the Atlas Iron Construction Company, certain creditors of the company moved to vacate an order appointing a receiver.
1Opinion of the CourtFreedman, J.
The proceeding in which the order appointing a receiver of the property and assets of the corporation was was instituted by petition. Upon its face, it is not an action. If anything, it is a special proceeding. As such,” it should be justified by some statutory provision. Unless it can be found to fall within some statute, it is a serious question whether the court acquired jurisdiction, and had power to appoint a receiver. It is not a proceeding for the voluntary dissolution of the corporation, under sections 2419-2431 of the Code. It does not fall within sections 1784-1796, for they apply…
2Cases cited7 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Hitch v. . HawleyNew York Court of Appeals · 1892
- In re the Directors of the Binghamton General Electric Co.New York Court of Appeals · 1894
- Matter of B.G.E. Co.New York Court of Appeals · 1894
- Bliven v. Peru Steel & Iron Co.New York Supreme Court · 1881
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