In re Commercial Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by Albert M. Mills, as receiver of the property and assets of Alfred Dolge & Son, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 12th day of July, 1898, granting leave to the petitioner, the Commercial Bank, to sue him as such receiver.
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Appeal by Albert M. Mills, as receiver of the property and assets of Alfred Dolge & Son, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 12th day of July, 1898, granting leave to the petitioner, the Commercial Bank, to sue him as such receiver. Before April, 1898, Alfred Dolge and Rudolph Dolge were partners under the name of Alfred Dolge & Son, engaged in business at Dolgeville, in the county of Herkimer, State of New York, which county is within the fifth judicial district. April 9, 1898, Rudolph Dolge…
1Opinion of the Court
Follett, J.:
Applications for orders affecting receivers are, in effect, motions in the action in which the receiver was appointed (Rinn v. Astor Fire Ins. Co., 59 N. Y. 143; Matter of Thompson, 10 App. Div. 40; Sm. Rec. § 87), and the character of a motion is not changed by entitling the moving papers “ In the Matter of, etc.,” instead of in the action. An application made on notice for leave to sue a receiver must be made in the judicial district in which the action *226wherein the receiver was appointed, was brought, or in a county ■ -adjoining the county in which the action was brought. (Code…
2Cases cited4 opinions
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
- Rinn v. . Astor Fire Insurance Co.New York Court of Appeals · 1874
- Wilkinson v. North River Construction Co.New York Supreme Court · 1884
- Attorney-General v. North America Life InsuranceNew York Supreme Court · 1878
3Cited by3 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- In re BraueAppellate Terms of the Supreme Court of New York · 1911
- In re BraueAppellate Terms of the Supreme Court of New York · 1911