Woerishoffer v. North River Constraction Co.
New York Court of Appeals
Appeal by the Albany and Rensselaer Iron and Steel Company from an order of the General Term of the Supreme Court, in the first judicial department, made January 28, 1885, which affirmed an order of Special Term amending a former order as hereinafter stated. On January 12,1884, the said The Albany Iron and Steel Company commenced an action against The North River Construction Company, defendant herein.
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Appeal by the Albany and Rensselaer Iron and Steel Company from an order of the General Term of the Supreme Court, in the first judicial department, made January 28, 1885, which affirmed an order of Special Term amending a former order as hereinafter stated. On January 12,1884, the said The Albany Iron and Steel Company commenced an action against The North River Construction Company, defendant herein. On January 14, a warrant of attachment was issued in said action and levied on property of the defendant. Prior to the date last mentioned, a receiver had been appointed by the Court of…
1Opinion of the CourtFinch, J.
The order here assailed, in its amended form, permits the Albany and Rensselaer Iron and Steel Company to prosecute its action against the Construction Company to final judgment, and to enforce that judgment upon any property attached before the appointment of the receiver in this" State, and forbids only any other interference with the assets of the construction company. Its sole effect, as against the appellant, is to prevent a seizure under process, issued in its action, of assets already seized by the court, and held as well for the appellant’s benefit as for that of the other creditors.…
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