Legal Opinion

Wise v. L. & C. Wise Co.

New York Court of Appeals

Decided October 5, 1897PublishedCited by 27 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1896, which reversed so much of an order of Special Term as directs John S. McMaster, as ancilliary receiver of the L. & C. Wise Company, to first pay the claim of the receiver of taxes in the city of ISTew York. The facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1896, which reversed so much of an order of Special Term as directs John S. McMaster, as ancilliary receiver of the L. & C. Wise Company, to first pay the claim of the receiver of taxes in the city of ISTew York. The facts, so far as material, are stated in the opinion. The claim of the receiver of taxes, representing the state, is entitled to a preference. (Toller on Executors, 259; 8 Bacon’s Abridg. 79; Giles v. Grover, 9 Bing. 135; Const. N. Y. art. 1, § 16; U. S. v.…

1Opinion of the CourtO’Brien, J.

The question in this case is, whether taxes-assessed upon the personal property of a corporation, and which became due subsequent to the levy of an attachment and execution thereon at the suit of creditors, are a prior lien upon the assets in the hands of a receiver for distribution, under the direction of the court, and which arose from a sale of the property subject to the levy.

The defendant was a New Jersey corporation doing business in New York, and, being insolvent, one McMasters was appointed receiver of its property in this state December 7, 1893.

Prior to the time of his appointment,…

2Cases cited5 opinions

  1. Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
  2. United States v. State Bank of NCSupreme Court of the United States · 1832
  3. Central Trust Co. v. New York City & Northern RailroadNew York Court of Appeals · 1888
  4. Matter of Receivership of the Columbian InsuranceNew York Court of Appeals · 1866
  5. Roraback v. StebbinsNew York Court of Appeals · 1866

3Cited by27 opinions

  1. Marshall v. New YorkSupreme Court of the United States · 1920
  2. Matter of Carnegie Trust CompanyNew York Court of Appeals · 1912
  3. In Re the Accounting of GrunerNew York Court of Appeals · 1946
  4. In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. In re LacailleNew York Supreme Court · 1964

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API