Dreyfus v. Casey
New York Supreme Court
Appeal from special term, Mew York county. Action by Felix Dreyfus against William C. Casey, to recover certain chattels stored with defendant by one Carl Drucklieb. Defendant moved to substitute as defendant in his stead James E. Carpenter, receiver of Maurice Lillienthal’s estate, who was making a claim to the property.
Read the full summary
Appeal from special term, Mew York county. Action by Felix Dreyfus against William C. Casey, to recover certain chattels stored with defendant by one Carl Drucklieb. Defendant moved to substitute as defendant in his stead James E. Carpenter, receiver of Maurice Lillienthal’s estate, who was making a claim to the property. Motion was sustained, Lawrence, J., delivering the following opinion: “I am of the opinion that the motion made on the part of the defendant, that James E. Carpenter, the receiver of the property of Morris Lillienthal, appointed by the United States circuit court for the…
1Opinion of the CourtBrady, J.
This action, which was of claim and delivery, was brought to recover several cases of goods which were then in the storage warehouse of the defendant, and the sheriff took possession of the property, which he still retained when the motion to interplead was made. The receiver claimed the property on the ground that it had been fraudulently disposed of by Lillienthal, and therefore authorized the application on behalf of the creditors whom he represented. The application seems to have been made in good faith, without collusion with the defendant or any one else, and in the discharge of a duty…
Also in this document: Concurrence.
2Cases cited1 opinion
- Vosburgh v. HuntingtonNew York Supreme Court · 1862
3Cited by6 opinions
- Burritt v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Mars v. Albany Sav. BankNew York Supreme Court · 1892
- Davis v. BenedictNew York Supreme Court · 1891
- Schell v. LoweNew York Supreme Court · 1894
- Crane v. McDonaldNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.