Zeltner v. Henry Zeltner Brewing Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1903, which reversed an order of Special Term denying a motion to vacate or modify an order appointing a receiver of the. property of the defendant and modified the order appointing such receiver. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1903, which reversed an order of Special Term denying a motion to vacate or modify an order appointing a receiver of the. property of the defendant and modified the order appointing such receiver. The facts, so far as material, and the question certified are stated in the opinion. The court had jurisdiction to appoint a receiver of the property of the defendant corporation. (Lawrence v. G. F. Ins. Co., 1 Paige, 587 ; Murray v. Vanderbilt, 39 Barb. 140 ;…
1Opinion of the CourtWerner, J.
This is a contest for priority between a judgment creditor and the receiver of the defendant corporation. The question at issue is whether the Appellate Division properly modified the order appointing the receiver herein, so as to permit the defendant Yorkville Bank to prosecute to judgment and collection its claim against the corporation. At Special Term the court denied the bank’s motion to vacate or modify the order appointing the receiver, and at the Appellate Division this decision was reversed and the original order modified as stated. The proceeding comes to this court upon three…
2Cases cited2 opinions
- President of the Manhattan Co. v. KaldenbergNew York Court of Appeals · 1900
- Smith v. DanzigNew York Supreme Court · 1883
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- Inventions Corp. v. HobbsCourt of Appeals for the Second Circuit · 1917
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