Converse v. Stewart — 192 N.Y. 578

Majority

p. 578

Theodore R Converse, as Receiver of the Minnesota Thresher Manufacturing Company, Appellant, v. John A. Stewart, Respondent.

Headnote

Converse v. Stewart 117 App. Div. 922 affirmed.

(Argued May 27 1908;

decided June 12, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1907, affirming a judgment in favor of defendant entered upon the report of a referee in an action to recover an assessment upon corporate stock alleged to be held by the defendant for the purpose of paying debts of the corporation.

William G. Wilson for appellant

Edward W. Sheldon for respondent.

Judgment affirmed, with costs, on the ground that the proof fails to establish that defendant was a stockholder of the thresher company at the time of its dissolution and of the decree of the Minnesota courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.