Seymour v. Wilson
New York Supreme Court
This* was an appeal by the defendants from a judgment entered upon the report of a referee. Conrad Cramer, on the 15th of March, 1850, recovered a judgment in this court against Ansel C.' Durkee, for $67,12, damages and costs, upon a debt contracted the 1st of April, 1849. The summons was served on the 22d day of February, 1850, in the afternoon.
Read the full summary
This* was an appeal by the defendants from a judgment entered upon the report of a referee. Conrad Cramer, on the 15th of March, 1850, recovered a judgment in this court against Ansel C.' Durkee, for $67,12, damages and costs, upon a debt contracted the 1st of April, 1849. The summons was served on the 22d day of February, 1850, in the afternoon. An execution was issued upon this judgment to the sheriff of Washington county, where Durkee resided, and was returned wholly unsatisfied. Cramer thereupon instituted proceedings against Durkee under title nine, chapter two of the code, and the…
1Opinion of the Court
By the Court, Hand, P. J.
The object of the appointment of a common law receiver was to protect the fund in litigation; and he had no powers except such as were conferred upon him by the order appointing him, and the course and practice of the court. (Verplanck v. Mer. Ins. Co. 2 Paige, 452. Edw. on Rec. 4. Chautauque Bank v. White, 6 Barb. 589.) He could not bring or defend actions, without special leave of the court. (2 Story’s Eq. Jur. § 833 a; Merritt v. Lyon, 16 Wend. 405; Edw. on Rec. 117. 3 Dan. Pr. 1991.) By the act of 1845 (Laws of 1845, ch. 112, p. 91) receivers may sue in their own…
2Cases cited8 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Osborne v. MossNew York Supreme Court · 1810
- Wilson v. AllenNew York Supreme Court · 1849
- Durant v. Supervisors of AlbanyNew York Supreme Court · 1841
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Sonnabend v. GittinsAppellate Division of the Supreme Court of the State of New York · 1932
- Taylor v. PersseNew York Supreme Court · 1858