New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, made May 4, 1898, reversing that part of an order of a Special Term which allowed and approved the payment by the mortgage receiver, Lafayette B. Gleason, to Edward Wins-low Paige, attorney for the sequestration receiver, William Y. - Reynolds, of the sum of $4,770.22, and overruled the exceptions of the plaintiff to such payment; and also from an order made…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, made May 4, 1898, reversing that part of an order of a Special Term which allowed and approved the payment by the mortgage receiver, Lafayette B. Gleason, to Edward Wins-low Paige, attorney for the sequestration receiver, William Y. - Reynolds, of the sum of $4,770.22, and overruled the exceptions of the plaintiff to such payment; and also from an order made May 4,1898, reversing an order which denied the plaintiff’s motion for an order directing Mr. Paige to pay to the…
1Opinion of the CourtO’Brien, J.
The questions raised by this appeal arise upon a controversy between the receiver in an action to foreclose a corporate mortgage, given to secure bondholders, and a receiver appointed at the same time, in a suit by a general creditor of the corporation, brought for the purpose of sequestrating the assets of the corporation after a judgment upon the claim and an execution returned unsatisfied. While both receivers were appointed at the same instant of time, the sequestration action was commenced before the foreclosure action and before the appointment of the receiver therein.
On the first day…
2Cases cited16 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Teal v. WalkerSupreme Court of the United States · 1884
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
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3Cited by36 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Zartman v. First National BankNew York Court of Appeals · 1907
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Whiteside v. MorrisSupreme Court of Iowa · 1924
- In re Clark Realty Co.Court of Appeals for the Seventh Circuit · 1916
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