Opinion
02-03-1912
WOLCOTT v. WALDSTEIN et al.
Plea overruled. Berry & Riggins, for complainant. George W. W. Porter, for defendants.
On a plea to the jurisdiction in an action by Wilfred B. Wolcott, receiver, against Martin E. Waldstein and others.
Plea overruled. Berry & Riggins, for complainant.
George W. W. Porter, for defendants.
EMERY, V. C. This is a bill by a receiver of an insolvent corporation of this state against stockholders, both resident and nonresident, for an accounting of the debts of the company and an assessment of stockholders to pay the debts and for other relief. Two nonresident stockholders have filed a joint and several plea to the jurisdiction, and on the argument it was claimed that this court had no jurisdiction to render any decree against the nonresidents, even to the extent of directing an account of the debts and determining the assessment on stockholders necessary to pay the debts with the pro rata assessment upon stockholders. The plea and the arguments of counsel thereon raise the same questions which have been de termined adversely to the validity of the plea by the Court of Errors and Appeals in a decision rendered since the argument here on the plea. Gilson, Receiver, v. Appleby, 81 Atl. 925. This decision, affirming the jurisdiction, for all of the above purposes, is controlling, and the plea will be overruled.