Andrews v. Glenville Woolen Co.
New York Supreme Court
Motion to dismiss the complaint. James W. Anderson, as receiver, brought this action against the Glenville Woolen Co., Joseph Ripley, and Alexander J. Cameron. Ralph H. Isham and John Orser, sheriff of New York county, brought a cross action against Andrews, the receiver, and Firmin Cousinery and William Craig, on whose motion and in whose suit Andrews had been appointed receiver.
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Motion to dismiss the complaint. James W. Anderson, as receiver, brought this action against the Glenville Woolen Co., Joseph Ripley, and Alexander J. Cameron. Ralph H. Isham and John Orser, sheriff of New York county, brought a cross action against Andrews, the receiver, and Firmin Cousinery and William Craig, on whose motion and in whose suit Andrews had been appointed receiver. The facts of the case are as follows: The Glenville Woolen Co., a Connecticut corporation, on October 15, 1855, brought two actions in the superior court of the city of New York, to recover subscriptions alleged to…
1Opinion of the CourtSutherland, J.
As to the first of the above entitled actions (Andrews v. The Glenville Woolen Co.), I think it very clear that the plaintiff could not bring the .action, and on the pleadings and proofs, cannot maintain the action, as special receiver of the debts mentioned in the complaint, because: 1. His appointment as such special receiver must be deemed to have been unauthorized and void. Section 294 of the Code does not authorize the appointment of a receiver of the property or debt, which may be ascertained to belong to the judgment debtor, or to be owing to him. Section '297 does authorize the judge…
2Cases cited4 opinions
- Gibson v. . HaggertyNew York Court of Appeals · 1868
- Kemp v. HardingNew York Supreme Court · 1849
- The Glenville Woolen Company v. . RipleyNew York Court of Appeals · 1870
- Barker v. JohnsonNew York Supreme Court · 1857