CORPORATIONS-APPOINTMENT OF RECEIVER SOLELY FOR THE PURPOSE OF BRINGING SUIT

Authors

William A. Bain, Jr. S.Ed., University of Michigan Law SchoolFollow

Abstract

An ex parte petition was filed by a minority stockholder of a foreign corporation requesting the appointment of a special receiver for certain claims of the corporation against resident fiduciaries. The claims, which had not been prosecuted by the corporation, were about to be barred by the statute of limitations. A receiver was appointed and brought suit. The corporation appeared specially requesting that the order be set aside. Held, motion denied. A court of equity has inherent power to appoint a receiver for the assets of a foreign corporation in an ex parte proceeding instituted by a minority stockholder. Application of Burge, (N.Y. 1952) 118 N.Y.S. (2d) 23.

Recommended Citation

William A. Bain, Jr. S.Ed., CORPORATIONS-APPOINTMENT OF RECEIVER SOLELY FOR THE PURPOSE OF BRINGING SUIT, 51 Mich. L. Rev. 1239 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss8/11