Bartlett v. Drew

4 Lans. 444 | N.Y. Sup. Ct. | 1871

By the Court

Cardozo, J.

This action is not brought upon the theory that any statute has been violated by Hr, Drew’s receiving a portion of the property of the New Jersey company.

The statute of our State in that regard is inapplicable to a New Jersey corporation.

The object of this action is not the dissolution of a 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 this, in effect is, and is still allowable under the Code, § 142. (Voorhies, 10th ed., 175, note a.)

Osgood v. Saytin has no application, being on the statute of this State.

I think the judgment should be affirmed.

Judgment affirmed.