Mack v. Stanley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Robert H. Stanley and another, 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 6th day of June, 1902, appointing a receiver of certain shares of stock, alleged to be the snbject matter of the action.
1Opinion of the Court
Patterson, J.:
This order should be reversed. Authority to appoint a receiver is conferred by section 113 of the Code of Civil Procedure, which, among other things, provides that the court may appoint a receiver before final judgment on the application of a party who establishes an apparent right to or interest in property when it is in the possession of an adverse party and there is danger that it may be removed, beyond the jurisdiction of the court, or lost, materially injured or destroyed. This is a case in which the authority must be derived from the statute and not from the general power…
2Cited by2 opinions
- Brody v. MillsAppellate Division of the Supreme Court of the State of New York · 1951
- Rosen v. BraunAppellate Division of the Supreme Court of the State of New York · 1956