New York Security & Trust Co. v. Blydenstein
New York Supreme Court
Appeal from special term, New York county. Action by the New York Security & Trust Company against Benjamin W. Blydenstein, Adrianus J. Brink, Jacob Van Essen, and others. From an order denying a motion to vacate an injunction restraining the three defendants named from prosecuting an action in the United' States circuit court against plaintiff, they appeal.
Read the full summary
Appeal from special term, New York county. Action by the New York Security & Trust Company against Benjamin W. Blydenstein, Adrianus J. Brink, Jacob Van Essen, and others. From an order denying a motion to vacate an injunction restraining the three defendants named from prosecuting an action in the United' States circuit court against plaintiff, they appeal. December 1, 1891, the Terminal Warehouse Company issued to Lipman & Co. five negotiable warehouse receipts, numbered 3,450,3,451,3,452,3,461, and 3,462, each being for 100 bales of burlaps. September 7,1892, Lipman & Go. borrowed from the…
1Opinion of the CourtFollett, J.
All of the defendants have appeared in this action except the appellants, who are citizens and residents of foreign countries, and they have not been served with process, nor have they appeared in the action, except specially for the purposes of this appeal. Briesen & Knauth, as attorneys for B. W. Blydenstein & Co., brought the action in the United States circuit court, and they bring this appeal. This injunction seems to have been granted and continued on the theory that each of the eight, firms and corporations claimed an interest in the fund arising from the sale of the 200 bales; but the…
2Cases cited1 opinion
- National Park Bank v. GoddardNew York Court of Appeals · 1892
3Cited by1 opinion
- New York Security & Trust Co. v. LipmanNew York Supreme Court · 1895