Kenney v. South Shore Natural Gas & Fuel Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1910, which affirmed an order of Special Term directing the receiver of the defendant in the above-entitled action, South Shore Natural Gas and Fuel Company, to pay to the plaintiff therein the amount of a judgment theretofore recovered by her in such action, or to give security for the payment thereof.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1910, which affirmed an order of Special Term directing the receiver of the defendant in the above-entitled action, South Shore Natural Gas and Fuel Company, to pay to the plaintiff therein the amount of a judgment theretofore recovered by her in such action, or to give security for the payment thereof. The facts, so far as material, are stated in the opinion. The order is an arbitrary diversion of moneys in the hands of the receiver from the business which he is…
1Opinion of the CourtWillard Bartlett, J.
On December 11, 1908, the plaintiff recovered a judgment against the defendant for the sum „of $16,338.62, upon which an execution was duly issued and returned unsatisfied. Prior to this time a suit had been instituted against the defendant by George Clinton, as trustee, for its bondholders to foreclose a mortgage on the corporate property ; and in this foreclosure action William E. Carroll had been appointed receiver pendente lite with power to continue the business of the corporation so far as might be necessary to protect its property and to secure the rents, issues and profits thereof…
2Cases cited2 opinions
- Rodman v. . HenryNew York Court of Appeals · 1858
- Barnard v. . KobbeNew York Court of Appeals · 1874
3Cited by32 opinions
- Matter of DelaneyNew York Court of Appeals · 1931
- Rosenberg v. RosenbergNew York Court of Appeals · 1932
- Matter of Powley v. Dorland Building Co.New York Court of Appeals · 1939
- First Small Business Investment Corp. v. ZaretskyNew York Supreme Court · 1965
- Kerckafric (Pty.) Ltd. v. Maxwell Meyers Affiliations, Ltd.District Court, S.D. New York · 1952
27 more not listed; retrieve them via the Exa API.