Legal Opinion

Beardslee v. Ingraham

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

Decided July 1, 1905Published

Appeal by the defendant, George S. Ingraham, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of May, 1905, enjoining the defendants during the pendency of the action from selling certain property belonging to the National Salt Company or its receivers, or from interfering with property in the possession of the plaintiffs.

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Appeal by the defendant, George S. Ingraham, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of May, 1905, enjoining the defendants during the pendency of the action from selling certain property belonging to the National Salt Company or its receivers, or from interfering with property in the possession of the plaintiffs. The motion was made to procure an injunction pendente lite, restraining George S. Ingraham, a judgment creditor of the National Salt Company, from selling or attempting to…

1Opinion of the Court

Hatch, J.:

Under the title of Strickland v. National Salt Co. (105 App. Div. 640) the question presented by this appeal was argued and to some extent considered by this court. Therein the motion was made on behalf of a judgment creditor in the interest of the receivers of the property. The court at Special Term expressed the opinion that had the receivers herein begun an action against the defendant Ingraham to restrain the United States marshal from selling the' property, a case would have been made which prima facie entitled the receivers to an in junction; but as the parties to that…

2Cases cited9 opinions

  1. In Re TylerSupreme Court of the United States · 1893
  2. Buck v. ColbathSupreme Court of the United States · 1866
  3. Porter v. SabinSupreme Court of the United States · 1893
  4. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  5. Central National Bank v. StevensSupreme Court of the United States · 1898

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