Congelton v. Beecher
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Osborn Oongelton against Lina Beecher to have notes declared void and collateral security therefor surrendered. From an order appointing a receiver pendente lite, defendant appeals.
1Per curiam
The order appointing a receiver pendente lite of the promissory notes and stock, the subject of this action, must be reversed. There was no sufficient reason shown for taking this property from the possession of the defendant. He was entitled to the notes, and the stock pledged as collateral thereto, under the terms of an agreement which, upon the plaintiff's own showing, was deliberately entered into by him with the defendant. The allegation of the complaint is that that agreement was entered into by reason of a false statement made by the defendant which induced the plaintiff to give the…
2Cited by2 opinions
- Rappaport v. OttenAppellate Division of the Supreme Court of the State of New York · 1909
- Perlin v. GreenbergNew York Supreme Court · 1949