Platt v. New York & Sea Beach Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by George Edwin Joseph, as permanent receiver of the New York and Sea Beach Railway Company, from an order of the Supreme Court, made at the ■ Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of December, 1899, as resettled by an order entered in said clerk’s office on the 28th day of March, 1900, denying his motion to require James T. Nelson, receiver pendente lite of the New York and Sea Beach Railway Company, to…
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Appeal by George Edwin Joseph, as permanent receiver of the New York and Sea Beach Railway Company, from an order of the Supreme Court, made at the ■ Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of December, 1899, as resettled by an order entered in said clerk’s office on the 28th day of March, 1900, denying his motion to require James T. Nelson, receiver pendente lite of the New York and Sea Beach Railway Company, to .pay over certain money and for other relief.
1Opinion of the Court
Hikschbebg, J. :
The plaintiffs, named as trustee mortgagees in a second mortgage upon certain railroad property of the New York and Sea Beach Railway Company, commenced this action for foreclosure and James T. Nelson was duly appointed receiver in the action by an order of the Supreme Court January 11, 1896. By the terms of the order Nelson was not only appointed receiver of the mortgaged property, but also of the corporation itself, and of all its property, assets, securities, money, books of account, “ real, personal and mixed, of whatever kind and description and wherever situated.” He…
2Cases cited8 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- Decker v. . GardnerNew York Court of Appeals · 1891
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1899
- Clapp v. . McCabeNew York Court of Appeals · 1898
- Platt v. New York & Sea Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Pintsch Compressing Co. v. Buffalo Gas Co.Court of Appeals for the Second Circuit · 1922
- People v. United States Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1903