Opinion
No. 45/33.
06-12-1918
DOLAN v. UNIVERSAL FIRE BRICK CO.
Michael J. Tansey, of Newark, for complainant. Clifford L. Newman and Edgar M. Tilt, both of Paterson, for defendant.
(Syllabus by the Court.)
Application by Patrick J. Dolan for the appointment of a receiver for the Universal Fire Brick Company. Application granted.
Michael J. Tansey, of Newark, for complainant. Clifford L. Newman and Edgar M. Tilt, both of Paterson, for defendant.
LANE, V. C. This is an application to appoint a receiver of a foreign corporation under the provisions of the sixty-fifth and sixty-sixth sections of the Corporation Act, 2 Comp. Statutes of N. J. p. 1640. The jurisdiction of the court is questioned upon the authority of McDermott v. Woodhouse, 87 N. J. Eq. 617, 101 Atl. 375. I considered that case in Atwater v. Baskerville, 104 Atl. 310, 647, not yet officially reported, and came to the conclusion that it is not an authority for the proposition that this court may not under the sixty-fifth and sixty-sixth sections of the statute appoint a receiver of a foreign corporation. This court may, where a foreign corporation is shown to be insolvent, appoint a receiver notwithstanding the fact that no receiver has been appointed in the domicile of the corporation and there are no proceedings there pending against it, and the procedure is substantially the same as if the corporation had been domestic.