Dolan v. Universal Fire Brick Co.

New Jersey Court of Chancery

Dolan v. Universal Fire Brick Co.

104 A. 86, 89 N.J. Eq. 138, 4 Stock. 138, 1918 N.J. Ch. LEXIS 54

DecidedJune 12, 1918

StatusPublished

This text of 104 A. 86 (Dolan v. Universal Fire Brick Co.) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dolan v. Universal Fire Brick Co., 104 A. 86, 89 N.J. Eq. 138, 4 Stock. 138, 1918 N.J. Ch. LEXIS 54 (N.J. Ct. App. 1918).

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Opinion

Lane, V. C.

This is an application to appoint a receiver of a foreign corporation under the provisions' of the sixty-fifth and sixty-sixth sections of the Corporation act. 2 Comp. Stat. p. 1640. The jurisdiction of the court is questioned upon the authority of McDermott v. Woodhouse, 87 N. J. Eq. 615. I considered that ease in Atwater v. Baskerville, reported supra, p. 121, and came to the conclusion that it is not an authority for the proposition that this court may not under the sixty-fifth and sixty-sixth sections of the statute appoint a receiver of a foreign corporation. This court may, where a foreign corporation is shown to be insolvent, appoint a receiver, notwithstanding the fact that no [139]*139receiver has been appointed in the domicile of the corporation and there are no proceedings there pending against it, and the procedure is substantially the same as if the corporation had been domestic.

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Lane, V. C.

This is an application to appoint a receiver of a foreign corporation under the provisions' of the sixty-fifth and sixty-sixth sections of the Corporation act. 2 Comp. Stat. p. 1640. The jurisdiction of the court is questioned upon the authority of McDermott v. Woodhouse, 87 N. J. Eq. 615. I considered that ease in Atwater v. Baskerville, reported supra, p. 121, and came to the conclusion that it is not an authority for the proposition that this court may not under the sixty-fifth and sixty-sixth sections of the statute appoint a receiver of a foreign corporation. This court may, where a foreign corporation is shown to be insolvent, appoint a receiver, notwithstanding the fact that no [139]*139receiver has been appointed in the domicile of the corporation and there are no proceedings there pending against it, and the procedure is substantially the same as if the corporation had been domestic.

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Bluebook (online)

104 A. 86, 89 N.J. Eq. 138, 4 Stock. 138, 1918 N.J. Ch. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolan-v-universal-fire-brick-co-njch-1918.