Fleischauer v. Dittenhoefer

Decided June 2, 1883

The Superior Court of New York City · decided 1883-06-02

This is an appeal from a judgment in favor of plaintiff, entered upon the report of a referee, and also from the order of reference. The action was brought to recover damages for breach of a contract entered into, February 12, 1881, between the plaintiffs and the Economy Packing Company, a corporation organized under the act of February 17,1848.

Decided 1883-06-02

Per Curiam.

¶1—The plaintiffs have no cause of action against the defendant as receiver of the property and effects of the corporation. The corporation was not dissolved, and a suit, against it could proceed to judgment (Knauer v. Globe Mutual Life Ins. Co., 46 Super. Ct. 370).

¶2The plaintiffs were authorized by the court that appointed the defendant receiver to commence this action. This was’not a determination that the plaintiffs had a good cause of action against the defendant as receiver. The court, in granting leave to sue, was not called to, and did not pass upon the question of the receiver’s liability.

¶3The judgment and order are reversed, with costs, and the complaint dismissed, with costs. The order appealed from is affirmed, with $10 costs.