Moore v. . Potter
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the first judicial department, entered June 26, 1895, sustaining defendant’s exceptions to a verdict' in favor of plaintiff, directed by the court, ordered to be heard in the first instance at General Term, and granting a new trial.
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Appeal from an order of the late General Term of the Supreme Court in the first judicial department, entered June 26, 1895, sustaining defendant’s exceptions to a verdict' in favor of plaintiff, directed by the court, ordered to be heard in the first instance at General Term, and granting a new trial. In December, 1892, Albert S. Moore, the plaintiff’s assignor, -entered into an executory contract with the American Lace Manufacturing Company to sell it fifty thousand pounds of .jarn at twenty cents per pound, to be delivered in weekly -shipments of four thousand pounds each, and paid for by…
1Opinion of the CourtMartin, J.
The sole ground upon which the General Term reversed the determination of the trial court and directed a new trial was, that the plaintiff’s assignor, having been served with the order appointing the defendant as receiver, could not sell the property, which was the subject of the contract of purchase and sale, without leave of the court and thereby acquire any rights against the defendant, but that he was guilty of a contempt in making the sale, and, therefore, the court would not aid him to reap its fruits. This determination is based alone upon the defendant’s exception to the refusal of…
2Cases cited13 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Walling v. . MillerNew York Court of Appeals · 1888
- Cahen v. . PlattNew York Court of Appeals · 1877
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
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3Cited by41 opinions
- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- Copeland v. SalomonNew York Court of Appeals · 1982
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- Ackerman v. . RubensNew York Court of Appeals · 1901
- Johnson v. SmithNew York Court of Appeals · 1948
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