Legal Opinion

National Park Bank v. Goddard

New York Court of Appeals

Decided March 22, 1892PublishedCited by 19 opinions

Appeal in the first above-entitled action, from order of the General Term of the Supreme Court in the first judicial department made November 13,1891, which affirmed an order of the Special Term appointing a receiver of the property of Levy Brothers & Co. and granting an injunction.

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Appeal in the first above-entitled action, from order of the General Term of the Supreme Court in the first judicial department made November 13,1891, which affirmed an order of the Special Term appointing a receiver of the property of Levy Brothers & Co. and granting an injunction. Appeal in the second above-entitled action from order of the General Term of the Supreme Court in the first judicial department, made November 13, 1891, which affirmed an order of Special Term instructing the special receiver of Levy Brothers & Co. with reference to property subject to his receivership. These…

1Opinion of the CourtFinch, J.

The only question presented by these appeals is whether the court, sitting as a court of equity, had jurisdiction of the subject-matter of the action; for, if it had, the order appointing a receiver, and enjoining the prosecution of the suits in replevin instituted by the several defendants, was not only within the discretion of the court, but absolutely essential to the relief which it was its duty to administer. We must determine that question principally upon the allegations of the complaint. Ifo answers had been served when the motion was made, and the equities of the complaint, if such…

2Cases cited2 opinions

  1. Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
  2. Scott v. . MorganNew York Court of Appeals · 1884

3Cited by19 opinions

  1. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
  2. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  3. Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Supreme Lodge of Fraternal Union v. RayCourt of Appeals of Texas · 1914
  5. Davidson v. . StockyNew York Court of Appeals · 1911

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