Legal Opinion

McKelsey v. Lewis

The Superior Court of New York City

Decided September 15, 1877PublishedCited by 5 opinions

Proceedings to punish for contempt. David Gr. McKelsey brought this action against Pryce Lewis, to settle the affairs of their partnership. A judgment was had appointing a receiver, and the defendant refusing to deliver the property to him, he took these proceedings to punish for contempt.

1Opinion of the CourtVan Vorst, J.

By the judgment of this court George A. Halsey, Esq., was appointed receiver of the goods, chattels and effects, of the copartnership existing between the parties to this action.

There was no direction contained in the judgment, nor has any order been made, for the delivery of the property to the receiver by the parties to the action, or either of them. While such direction was not necessary to complete the title of the receiver to the property, still I think it was, in order to uphold a proceeding to punish a party for a contempt in refusing to deliver over the property to the receiver.

By the…

2Cases cited4 opinions

  1. Parker v. BrowningNew York Court of Chancery · 1840
  2. Marten v. Van Schaick & BloodgoodNew York Court of Chancery · 1834
  3. Chapman v. HammersleyCourt for the Trial of Impeachments and Correction of Errors · 1829
  4. Watson v. FitzsimmonsThe Superior Court of New York City · 1855

3Cited by5 opinions

  1. Mattos v. Superior CourtCalifornia Court of Appeal · 1939
  2. People ex rel. Illingworth v. Court of OyerAppellate Division of the Supreme Court of the State of New York · 1896
  3. Uservo, Inc. v. SelkingIndiana Supreme Court · 1940
  4. Fromme v. JareckyAppellate Terms of the Supreme Court of New York · 1897
  5. In re BlumenthalAppellate Terms of the Supreme Court of New York · 1898

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