Banks v. Potter
New York Court of Common Pleas
This motion was made arising upon exceptions to set aside or modify the report of Luther R. Marsh, referee, to whom was referred ten proceedings, supplemental to the return of executions, to ascertain their priority to payment.
Read the full summary
This motion was made arising upon exceptions to set aside or modify the report of Luther R. Marsh, referee, to whom was referred ten proceedings, supplemental to the return of executions, to ascertain their priority to payment. A receiver was appointed in the first proceeding, and gave the requisite security; subsequently, other proceedings were instituted, in which the same receiver was appointed, and in some of them he was ordered to give additional security and in others not. In the case of Grandison F. Bead, who excepted to the report of the referee, the judge, before whom the proceedings…
1Opinion of the Court
Daly, F. J.
The referee, in determining the equitable priorities of the twenty-five parties who had instituted supplementary proceedings, to the assets in the hands of the receiver, reports, that the judgment creditor Bead must be postponed to creditors who had instituted proceedings afterwards, because Read, though he had proceeded to and obtained the appointment of a receiver, did not consummate the appointment by the filing of security. The referee holds, that judgment creditors, who had obtained the appointment of a receiver subsequently to Read, and given security, have, as respects him,…
2Cases cited4 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Osborn v. Heyer & BurdettNew York Court of Chancery · 1831
- In re WaterburyNew York Court of Chancery · 1840
- Voorhees v. SeymourNew York Supreme Court · 1857
3Cited by6 opinions
- Goddard v. . StilesNew York Court of Appeals · 1882
- Graham v. Lawyers' Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Garfield National Bank v. BostwickCity of New York Municipal Court · 1891
- Guggenheimer v. StevensCity of New York Municipal Court · 1889
- Peters v. CarrNew York Surrogate's Court · 1883
1 more not listed; retrieve them via the Exa API.