Swords v. Northern Light Oil Co.
New York Supreme Court
Appeal from an interlocutory judgment entered, upon an order .overruling two demurrers, one interposed to the original, and one to the amended complaint.
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Appeal from an interlocutory judgment entered, upon an order .overruling two demurrers, one interposed to the original, and one to the amended complaint. Thomas Swords and others, for themselves and all other stockholders who might come in and contribute to the expenses of the suit, brought this action against the Northern Light Oil Company, Charles W. Burton, as its president and individually, and others, as its trustees, to dissolve the corporation, for the appointment of a receiver of its assets, and for an injunction restraining the corporation and its officers and agents from exercising…
1Opinion of the CourtBrady, J.
—This action was commenced by the plaintiffs, as stockholders of the Northern Light Oil Company, under sections 1785 and 1786 of the Code of Civil Procedure, to dissolve the corporation, for the appointment of a receiver of its assets, and for an injunction restraining the corporation and its officers and agents from exercising any of its corporate rights and franchises. The dissolution is asked upon the ground that it is and has been for more than a year before the commencement of the action, insolvent; that it had neglected for at least a year prior to that time to pay and discharge its…
2Cases cited6 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Mickles v. Rochester City BankNew York Court of Chancery · 1844
- Denike v. New York & Rosendale Lime & Cement Co.New York Court of Appeals · 1880
- Ferry v. Bank of Central New-YorkNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hauselt v. FineNew York Supreme Court · 1886
- Grimshaw v. WoolfallNew York Court of Common Pleas · 1891