|Object Name||Record, Judicial|
Clerk's index number 33,995, Year 1917, Supreme Court, New York County. Application of the Quicksilver Mining Company for voluntary dissolution. At a Special Term, Part 1, of the Supreme Court of the State of New York, held in and for the County of New York, at the County Court House in the Borough of Manhattan City of New York. on the 19th day of November, 1917.
Present: Hon. Leonard A. Giegerich, Justice
IN THE Matter of the Application of The Quicksilver Mining Company, A Corporation, for Voluntary Dissolution.
On reading and filing the petition of Joseph Kaufmann, Charles F. . Tracy, Clinton E. Whitney, Wayne L. Steinbarge, Edward Reynaud and William H. Lotty, a majority of the directors of The Quicksilver Mining Company, a corporation created under the laws of this State and having its principal office located in the County of New York, and the schedule thereto annexed, duly verified by the petitioners on the 16th day of November 1917, from which petition it appears that the case is one of those specified in section 170 of the General Corporation La;; and it further appearing to the satisfaction of the court, from said petition, that the said corporation is insolvent; and on reading and filing notice of this application dated Nov. 16th, 1917, with proof of due service thereof, and of said petition and schedule still of a copy of this order on the Attorney-General
And, after hearing T. Tileston Wells, counsel for the petitioners, and Robert S. Conklin, Esq., representing the Attorney-General,
Now, on motion of T. Tileston Wells, attorney for the petitioners, it is
Ordered That all persons interested in said corporation show cause hereto before Algernon S. Norton, Esq., who is hereby appointed referee for that purpose, at his office, No. 256 Broadway in the Borough of Manhattan, City of New York, on the 10th day of January 1918, at 11 o'clock in the forenoon why the said corporation should not be dissolved; and it is
Further ordered, That a copy of this order he published at least once in each of the three weeks immediately preceding said 10th day of January 1918 in the New York Law Journal and the Evening Post, newspapers published in the county of New York, and it is
Further ordered That Maurice Deiches, Esq., be, and hereby is appointed temporary receiver of all the property of The Quicksilver Mining Company with power to collect and receive the debts, demands and other property of the corporation; to preserve the property and the proceeds of the debts and demands collected; to sell or otherwise dispose of the property as directed by the court to collect, receive and preserve the proceeds thereof; and to maintain any action or special proceeding, for either of these purposes; to apply to this court for instructions as to his duties or to obtain any of the powers set forth in Sections 182 and 239 or the General Corporation Law as may be necessary or expedient; and to employ such attorneys or counsel as may be necessary for the administration of this trust and for the protection of the assets of said corporation and the defense of actions or proceedings.
It is FURTHER ORDERED, That all creditors of said corporation be and they hereby are restrained from beginning any action against the said corporation for the recovery of a sum of money or from taking any further proceedings in any such actions against said corporation heretofore commenced.
It is Further ORDERED That the said receiver, before entering upon the discharge of his duties, execute and acknowledge in the usual form and file with the clerk of the county of New York, a bond to the people of the State of New York in the penal sum of Ten Thousand ($10,000) dollars, with sufficient surety, to be approved by a Justice of this Court, conditioned for the faithful discharge of his duties as such receiver; and
It is FURTHER ORDERED That said receiver deposit all funds of the corporation not needed for immediate disbursement in the Lincoln Trust Company
L. A. G.,
J. S. C.