Polk v. Mutual Reserve Fund Life Ass'n of New York

Second Circuit

Polk v. Mutual Reserve Fund Life Ass'n of New York

165 F. 1006, 1908 U.S. App. LEXIS 4827

Court of Appeals for the Second Circuit·Decided October 28, 1908·No. No. 1·Published

Opinion

PER CURIAM.

The defendant corporation having been dissolved, actions pending against it would, in the absence of statutory provision, abate. No statute in New York in’events this; but, if the cause of action survive the dissolution, it is provided that the action may, by appropriate proceedings, be continued against- the receiver. We are, however, of the opinion that practically the same relief prayed for in this action was granted in the action in which the corporation was dissolved and receivers appointed, and that the action did not survive. Motion requiring receivers to he made parties denied. Submitted without argument.

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PER CURIAM.

The defendant corporation having been dissolved, actions pending against it would, in the absence of statutory provision, abate. No statute in New York in’events this; but, if the cause of action survive the dissolution, it is provided that the action may, by appropriate proceedings, be continued against- the receiver. We are, however, of the opinion that practically the same relief prayed for in this action was granted in the action in which the corporation was dissolved and receivers appointed, and that the action did not survive. Motion requiring receivers to he made parties denied. Submitted without argument.

Polk v. Mutual Reserve Fund Life Ass'n of New York, 165 F. 1006, 1908 U.S. App. LEXIS 4827 (2d Cir. 1908).

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165 F. 1006 (Polk v. Mutual Reserve Fund Life Ass'n of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.