Bartlett v. Drew
New York Supreme Court
ÁPPEAL by the defendant Drew from a judgment entered upon the report of a referee. The plaintiff, in April 1866, recovered a judgment in this court against the New Jersey Steam Navigation Company, a common carrier of goods and passengers, for $836.32, damages and costs, for the value of her trunk, lost by the negligence of said company.
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ÁPPEAL by the defendant Drew from a judgment entered upon the report of a referee. The plaintiff, in April 1866, recovered a judgment in this court against the New Jersey Steam Navigation Company, a common carrier of goods and passengers, for $836.32, damages and costs, for the value of her trunk, lost by the negligence of said company. And an execution issued upon said judgment having been returned unsatisfied, the action was brought to enforce the payment of said judgment out of property of the said corporation in the possession of the defendant Drew, in this State. The referee found the…
1Opinion of the Court
By the Court, Cardozo, J.
This action is not brought upon the theory that any statute has been violated by Mr. Drew receiving a portion of the property of the blew Jersey company. The statute of our State, in that regard, is inapplicable to a blew Jersey corporation.
The object .of this action is not the dissolution of the corporation; but it is to reach, in the hands of a person who has possession of it, some of the property of the corporation—the judgment debtor—-and subject it to the payment of the plaintiff’s judgment. This is a very common proceeding under a judgment creditor’s bill—which…
2Cases cited3 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Schaffner v. ReuterNew York Supreme Court · 1862
- Bunn v. VaughanNew York Court of Appeals · 1867
3Cited by2 opinions
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Hastings v. DrewNew York Supreme Court · 1874