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4 Lans. 444

Bartlett v. Drew

New York Supreme Court

Decided November 15, 1871

New York Supreme Court · decided 1871-11-15

This was an appeal by the defendant, Drew, from a judgment entered against him on the report of a referee. The action was brought upon a judgment recovered against the Hew Jersey Steamboat Havigation Company after execution returned nulla tona against the company.

Cited by 1 later decisions — most recently January 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-11-15

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¶1By the Court

Cardozo, J.

¶2This 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.

¶3The statute of our State in that regard is inapplicable to a New Jersey corporation.

¶4The object of this action is not the dissolution of a corporation : but it is to reach, in the hands of a person who has *446possession of it, some of the property of the corporation, the judgment debtor, and subject it to the payment of the plaintiff’s judgment.

¶5This 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.)

¶6Osgood v. Saytin has no application, being on the statute of this State.

¶7I think the judgment should be affirmed.

¶8Judgment affirmed.

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