Rockwell v. . Merwin
New York Court of Appeals
Appeal from a judgment of the General Term of the New York Superior Court, affirming the judgment for the plaintiff entered upon the report of a referee. This action was brought by the plaintiff as receiver of the property of James E. Parrel, to recover for services performed by said Parrel as superintendent of the Milford hotel.
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Appeal from a judgment of the General Term of the New York Superior Court, affirming the judgment for the plaintiff entered upon the report of a referee. This action was brought by the plaintiff as receiver of the property of James E. Parrel, to recover for services performed by said Parrel as superintendent of the Milford hotel. The complaint, among other things, alleged that, “ on the 24th day of April, 1868, at the city of New York, upon an application made by (A, B and C), judgment creditors of James C. Parrel, and by an order then made by Hon. Albert Carnozo, one of the justices of the…
1Opinion of the Court
Pee Cubiam.
The amendment of the complaint cured any defect in it. And the insertion of the word “ duly,” in the allegation that the plaintiff was appointed receiver, gave him the right to show on the trial all the facts conferring jurisdiction. (Code, § 161.) On the trial he did show facts sufficient to establish that he was regularly, and in due form of law, appointed the receiver of Parrel.
It was necessary that the order appointing him should be filed and recorded in the office of the clerk of the city and county of Hew York. It was shown on the argument at General Term, that this had been…
2Cases cited1 opinion
- Bank of Charleston v. EmericThe Superior Court of New York City · 1850
3Cited by23 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- People v. . FlackNew York Court of Appeals · 1915
- Dubois v. . CassidyNew York Court of Appeals · 1878
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