Palmer v. Clark
New York Court of Common Pleas
Trial by the court. This action was brought by William S. Palmer, as receiver of the New York Collar Company, against Marvin S. Clark, as marshal, to recover $239, alleged to have been the balance of a sale by defendant under an execution, left in his hands after satisfying said execution and deducting his fees, poundage, and all sums to which he was entitled by reason of said execution. On September 2,1875, one David Gr.
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Trial by the court. This action was brought by William S. Palmer, as receiver of the New York Collar Company, against Marvin S. Clark, as marshal, to recover $239, alleged to have been the balance of a sale by defendant under an execution, left in his hands after satisfying said execution and deducting his fees, poundage, and all sums to which he was entitled by reason of said execution. On September 2,1875, one David Gr. Thayer obtained a judgment in the marine court of the city of New York against the said New York Collar Company, which was duly docketed in the New York county clerk’s…
1Opinion of the CourtVan Hoesen, J.
The plaintiff’s capacity to sue was sufficiently proved by the production of the petition, the order appointing him receiver of the New York Collar Company, and his official bond (Potter v. Merchants’ Bk., 28 N. Y. 641).
It was unnecessary to prove the facts upon which rested the power of the supreme court to appoint him a receiver, for the power of appointing a receiver of a corporation after the return of an unsatisfied execution, though conferred by statute, is deemed to be within the general jurisdiction of the court (Bangs v. Duckinfield, 18 N. Y. 592). Nor was it necessary to prove that…
2Cases cited4 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
- Corey v. CorneliusNew York Court of Chancery · 1846
- Youngs v. MorrisonNew York Court of Chancery · 1843
3Cited by2 opinions
- Dunham v. . ReillyNew York Court of Appeals · 1888
- Dunham v. ReillyNew York Supreme Court · 1888