Davenport v. . Kelly
New York Court of Appeals
This is an appeal from a judgment of the General Term of th¿ Supreme Court, in the first district, afíirmíng a judgment of the Special Term, sustaining a demurrer to the complaint.
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This is an appeal from a judgment of the General Term of th¿ Supreme Court, in the first district, afíirmíng a judgment of the Special Term, sustaining a demurrer to the complaint. The plaintiff seeks to recover of the sheriff the amount of three judgments recovered by Edward Bingel against Victor Heubach & Co. He claims under an appointment as receiver, made March 26,1861. Prior to 31st July, 1860, Victor Heubach & Co., were a mercantile firm in New York, having a large stock of goods, and owing debts to various persons, among whom were Billhofer & Arnold, and one Edward Ririgel. Victor…
1Opinion of the CourtIngalls, J.
Although the facts are quite numerous, I am convinced that there is really but one important question involved in the decision of this case, which, is, yvhether Ein? gel, by the commencement of his equity action pgainst Victor Heubach, Alfred Heubach, Augustus, Johnson, and their assignee, Henry Heubach, and the service of an injunction, without a judgment, or the appointment of a receiver, in said action, prior to the sale of the personal property by the sheriff by virtue of the executions issued upon the two judgments which were recovered by Billhofer & Arnold against Victor Heubach, Alfred…
2Cases cited1 opinion
- Van Alstyne v. . CookNew York Court of Appeals · 1862
3Cited by15 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Kitchen v. . LoweryNew York Court of Appeals · 1891
- Knower v. Central National BankNew York Court of Appeals · 1891
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- First National Bank v. GageIllinois Supreme Court · 1879
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