Burgoyne v. Eastern & Western Railway Co.

Headnote

Foreign Corporations—Sequestration op Property.

The right of a judgment creditor of a corporation, on the return of execution unsatisfied, to maintain an action for the sequestration of its property, and for the appointment of a receiver, is confined to domestic corporations by the terms of Code Civil Proc. N. Y. § 1784, which confers the right; and hence no such action will lie against a foreign corporation.

At chambers. Plaintiff, Burgoyne, had obtained a judgment in a district court of New York city against defendant, the Eastern & Western Bail way Company, an Ohio corporation. An execution against defendant was returned wholly unsatisfied, and plaintiff now moves for the appointment of a receiver. Plaintiff alleged that defendant had an office in New York city, but this was denied by defendant, who further alleged that it had no property in said city. Code Civil Proc. H. Y. § 1784, provides: “Wherefinal judgment for a sum of money has been rendered against a corporation created by or under the laws of the state, and an execution issued thereupon to the sheriff of the county where the corporation transacts its general business, or where its principal office is- located, has been returned wholly or partly unsatisfied, the judgment creditor may maintain an action to procure a judgment sequestrating the property of the corporation, and providing for a distribution thereof.”