Leadbetter v. N. H. Leadbetter
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the first judicial department, made June 6, 1890, which affirmed an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as material, are'stated in the opinion.
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Appeal from order of General Term of the Supreme Court in the first judicial department, made June 6, 1890, which affirmed an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as material, are'stated in the opinion. If the mortgagee was not entitled to the possession of the property at the time the levy was made under the three executions, than the possessory rights to the property remained in the mortgagor, and constituted an interest in property subject to levy and sale under execution. (Hall v. Sampson, 35 N. Y. 274.) The mortgagor had…
1Opinion of the CourtO’Brien, J.
The order from which this appeal is taken determined the right of two claimants to a certain fund which both claimed to be entitled to. The party who succeeded in the courts below is the receiver of the defendant, and the other claimant, who failed and brings this appeal, is a judgment creditor of the defendant.
The undisputed facts upon which the question arises are these: The defendant is a corporation organized under the limited liability act. In proceedings in this action to dissolve it, by reason of insolvency, the respondent, William Gf. Shailer, was appointed receiver on the 28th of…
2Cited by21 opinions
- Tremaine v. . MortimerNew York Court of Appeals · 1891
- Harrison v. HallNew York Court of Appeals · 1924
- United States v. One 1948 Cadillac Convertible CoupeDistrict Court, D. New Jersey · 1953
- Moore v. Prentiss Tool & Supply Co.New York Court of Appeals · 1892
- Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
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