In re One of the Two Trustees of the Peekamose Fishing Club
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward N. Whiton and another from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1895, ordering that their exceptions to the report of the referee in the action be overruled, that said report be confirmed and that The Peekamose Fishing Club be dissolved, and appointing a receiver of said corporation and ordering that said receiver file a bond and give…
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Appeal by Edward N. Whiton and another from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1895, ordering that their exceptions to the report of the referee in the action be overruled, that said report be confirmed and that The Peekamose Fishing Club be dissolved, and appointing a receiver of said corporation and ordering that said receiver file a bond and give notice of his appointment as required by law and also notify all parties to present claims against said corporation. Also…
1Opinion of the Court
Ingraham, J.:
The appeal from these two orders must be dismissed. The original’ order entered on the twenty-sixth day of October, appears to have been resettled, and that order was consequently vacated by the order resettling it. By the order as resettled it appears that appellant Whiton was in default. The appellant Dimock applied for an adjournment, which was refused, whereupon his counsel withdrew, and the order as resettled contained a recital that no one appeared on behalf of the respondent Whiton, and the motion was then decided after hearing David McClure, Esq., of counsel for the…
2Cited by3 opinions
- Feist v. Weingarten Bros.Appellate Terms of the Supreme Court of New York · 1908
- Forgotson v. BeckerAppellate Terms of the Supreme Court of New York · 1903
- Koeppel v. KoeppelAppellate Terms of the Supreme Court of New York · 1905