Starr v. Rathbone
New York Supreme Court
In Equity. Motion for a receiver in a creditor’s suit. The bill alleges that the defendant is the proprietor of a large hotel in the city of New York, entertaining numerous guests, and receiving money from them, from time to time; and that he has a large amount of furniture and other personal property in his hotel. The defendant demurred to the bill, on the ground that upon the facts stated therein it appeared that the plaintiff had not exhausted his remedy at law.
1Opinion of the Court
Edmonds, J.,
denied the motion, on the ground that the remedy at law did not appear to have been exhausted by the plaintiff before resorting to this court; the bill alleging that the defendant has a large amount of personal property, which, from aught that appears, may be reached by an execution at law.
2Cited by2 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Libby v. LibbyAppellate Division of the Supreme Court of the State of New York · 1902