Legal Opinion

In re Trustees of Schuyler's Steam Tow Boat Co.

New York Court of Appeals

Decided November 29, 1892PublishedCited by 14 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 2, 1892, which affirmed an order of Special Term, restraining a sale of the boats belonging to Schuyler’s Steam Tow Boat Company under libels filed in Admiralty. The facts, so far as material, are stated in the opinion. The Admiralty Court having first acquired actual possession of the res, it must retain jurisdiction. (Hagan v. Lucas, 10 Pet. 401; Taylor v. Carryl, 20 How.

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Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 2, 1892, which affirmed an order of Special Term, restraining a sale of the boats belonging to Schuyler’s Steam Tow Boat Company under libels filed in Admiralty. The facts, so far as material, are stated in the opinion. The Admiralty Court having first acquired actual possession of the res, it must retain jurisdiction. (Hagan v. Lucas, 10 Pet. 401; Taylor v. Carryl, 20 How. Pr. 583; Freemam, v. Howe, 24 id. 450 ; Buck v. Colbath, 3 Wall, 334; Covell v. Heymam, 111 U. S. 176; Heidritter v. E.…

1Opinion of the CourtPeckham, J.

A receiver of the property and effects of the above named corporation was duly appointed by a Special Term of the Supreme Court of the state, sitting at Albany on the 31st of July, 1891, and the order appointing him was filed and entered in the proper clerk’s office August 1, 1891, at 11 a. m. The receiver executed his bond and it was duly approved August third, and filed in the clerk’s office August 4, 1891. The proceeding was one for the voluntary dissolution of a corporation and the distribution of its property and assets among those entitled to receive the same. Intermediate the time when…

2Cases cited8 opinions

  1. Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
  2. Texas Trunk Ry. Co. v. Lewis, SheriffTexas Supreme Court · 1891
  3. Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
  4. Van Alstyne v. . CookNew York Court of Appeals · 1862
  5. Union Trust Co. v. Rockford, R. I. & St. L. R.U.S. Circuit Court for the Northern District of Illnois · 1874

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3Cited by14 opinions

  1. Simmons v. Superior CourtCalifornia Court of Appeal · 1950
  2. Lankenau v. Coggeshall & HicksCourt of Appeals for the Second Circuit · 1965
  3. Beardslee v. . IngrahamNew York Court of Appeals · 1906
  4. Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
  5. In re Lengert Wagon Co.District Court, S.D. New York · 1901

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