Cassilear v. Simons
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit denying an application for an attachment against the defendant Vaughan for refusing to deliver over a store of goods to the receiver ; or for an order directing him to deliver up the property to the receiver.
1Opinion of the Court
The Chancellor.
The master not having decided that the defendant had such a possession and control of the property as to entitle the receiver to a delivery thereof without the consent of Baucher, who claims to be the owner in possession, the defendant Vaughan was not in contempt. Where it is referred to a master to appoint a receiver, and the defendant is directed to assign and deliver *274over his property on oath, under the direction of the master, it is the duty of the party who wishes to have an actual delivery of the property, in addition to the legal assignment thereof, to call upon the…
2Cited by3 opinions
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Seymour v. WilsonNew York Supreme Court · 1853
- Davies v. DaviesNew York Supreme Court · 1888