Federman v. Standard Churn Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Standard Churn Manufacturing Company, 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 10th day of August, 1908, appointing a receiver.
1Opinion of the Court
Per Curiam :
This action was brought for the sequestration of the property of the defendant, a domestic corporation. A motion was made for an order appointing a temporary receiver upon the complaint alone, unsupported by any affidavit or other evidence. From the order granting such motion this appeal is taken. This court said in Kieley v. Barron & Cooke H. & P. Co. (87 App. Div. 317): “ The court is authorized to appoint a temporary receiver in such an action (Code Civ. Proc. § 1788); but this does not justify the appointment of a receiver as a matter of right upon the bare allegations of the…
2Cases cited2 opinions
- Kieley v. Barron & Cooke Heating & Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- People v. Oriental BankAppellate Division of the Supreme Court of the State of New York · 1908