Hubbell v. Syracuse Iron Works
New York Supreme Court
Appeal by the defendants Everson from an interlocutory judg. ment overruling a demurrer interposed to the complaint. The plaintiff was appointed a receiver of the defendant, the Syracuse Iron Works estate, in an action for the sequestration of its property, brought at the suit of R. N. Gere under the provisions of section 1784 of the Code of Civil Procedure.
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Appeal by the defendants Everson from an interlocutory judg. ment overruling a demurrer interposed to the complaint. The plaintiff was appointed a receiver of the defendant, the Syracuse Iron Works estate, in an action for the sequestration of its property, brought at the suit of R. N. Gere under the provisions of section 1784 of the Code of Civil Procedure. An order was made in that action directing the plaintiff to commence an action in equity to determine what bonds issued by the Syracuse Iron Works, claimed to be secured by a mortgage of $100,000, were secured by said mortgage, and what…
1Concurrence
Boardman, J.:
I concur, and would cite the following cases as in my judgment sustaining the decision: Supervisors of Saratoga County v. Deyoe (77 N. Y., 219); Same v. Seabury (11 Abb. N. C., 461); McHenry v. Hazard (45 N. Y., 581).
Interlocutory judgment and order affirmed, with costs, and leave given to appellants to answer in twenty days upon payment of costs of demurrer, and of this appeal.
2Cases cited2 opinions
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Supervisors of Saratoga v. SeaburyNew York Supreme Court · 1881