Legal Opinion

Horton v. Thomas McNally Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1913PublishedCited by 6 opinions

Appeal by the plaintiff, the Georgia-Morida Lumber Company, from an order of the Supreme Court, made at the Rock-land Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of September, 1912, denying a motion to vacate an order appointing receivers of the Thomas McNally Company, removing one of the receivers so appointed, and directing the delivery of books, etc., to his coreceiver; and also from an order entered in said clerk’s…

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Appeal by the plaintiff, the Georgia-Morida Lumber Company, from an order of the Supreme Court, made at the Rock-land Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of September, 1912, denying a motion to vacate an order appointing receivers of the Thomas McNally Company, removing one of the receivers so appointed, and directing the delivery of books, etc., to his coreceiver; and also from an order entered in said clerk’s office on the same day, denying the motion of said Georgia-Florida Lumber Company for the reinstatement of its attachment.…

1Opinion of the Court

Woodward, J.:

Briefly, the facts in this case are that the Thomas McNally Company is a Pennsylvania corporation, organized for the purpose of performing public contracts; that it has, as its chief asset, a contract with the city of New York for the construction of a part of the Catskill aqueduct, at an agreed price of something like $4,000,000; that the said corporation became financially embarrassed and entered into negotiation with William E. Paine, president of the Yellow Pine Company, for a loan for the purpose of carrying on the contract above mentioned; that this negotiation resulted in…

2Cases cited7 opinions

  1. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  2. Blake v. McClungSupreme Court of the United States · 1898
  3. Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
  4. People v. . Granite State Provident Assn.New York Court of Appeals · 1900
  5. Popper v. Supreme Council of the Order of Chosen FriendsAppellate Division of the Supreme Court of the State of New York · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Betz v. New Jersey Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1931
  2. Carrig v. OakesNew York Supreme Court · 1940
  3. Mitchell v. Banco de Londres y MexicoAppellate Division of the Supreme Court of the State of New York · 1920
  4. Society Milion Athena, Inc. v. National BankNew York Supreme Court · 1938
  5. Hampton v. RoseCalifornia Court of Appeal · 1934

1 more not listed; retrieve them via the Exa API.

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