Legal Opinion

Austin v. . Rawdon

New York Court of Appeals

Decided March 18, 1870PublishedCited by 7 opinions

■ Appeal from an order of the Supreme Court at General Term in the eighth district, setting aside a judgment in favor of Stephen G. Austin, receiver of the Commercial Bank of Buffalo, the appellant, against Leverett Rawdon and David Groesbeck, the respondents.

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■ Appeal from an order of the Supreme Court at General Term in the eighth district, setting aside a judgment in favor of Stephen G. Austin, receiver of the Commercial Bank of Buffalo, the appellant, against Leverett Rawdon and David Groesbeck, the respondents. Austin was appointed receiver of the Commercial Bank of Buffalo by the Court of Chancery, in 1842. In 1844, he applied for the appointment of referees, in pursuance of the statute, to determine certain matters in controversy between the receiver "and Rawdon and Groesbeck. Three referees were thereupon selected, and a rule was entered in…

1Opinion of the CourtLott, J.

This case comes before the court on an appeal from an order of the General Term of the Supreme Court., in the eighth judicial district, setting aside a judgment entered upon a report of three referees, appointed under a rule entered in that court, under, the provisions of the Revised Statutes (Vol. 2, p. 469, § 73), to settle a controversy between the receiver of the Commercial Bank and the defendants, its debtors.

The court below concede the appointment of the referees to be valid, and that their report was correct and as authorized by those statutes, but hold that there was no law…

2Cited by7 opinions

  1. Weeks v. CornwallNew York Supreme Court · 1887
  2. McLean v. JephsonNew York Supreme Court · 1890
  3. People v. . Hydrostatic Paper Co.New York Court of Appeals · 1882
  4. Batterman v. AlbrightNew York Supreme Court · 1887
  5. Greenfield v. Mayor of New YorkNew York Supreme Court · 1882

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