Legal Opinion

Halpin v. Coleman

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, The People of the State of New York, from an order of the Supreme Court, made at the King’s County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of February, 1901, denying said plaintiff’s motion to vacate an order made in the above-entitled actions November 23, 1898, granting leave to. Denis Coleman to issue an execution against the Mutual Brewing Company and Edward Duffy, its receiver.

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Appeal by the plaintiff, The People of the State of New York, from an order of the Supreme Court, made at the King’s County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of February, 1901, denying said plaintiff’s motion to vacate an order made in the above-entitled actions November 23, 1898, granting leave to. Denis Coleman to issue an execution against the Mutual Brewing Company and Edward Duffy, its receiver. Also an appeal by the People of the State of New York from an order of the Supreme Court, bearing date the 14th day of March, 1901, and…

1Opinion of the Court

Willard Bartlett, J,:

These appeals arise out of the litigation which was considered and determined by this court in the case of Halpin v. Mutual Brewing Co. (20 App. Div. 583). In that suit, which was brought to enforce the Code remedies for the mismanagement of a corporation, the trial Court had directed the cancellation of a judgment for $19,300 in favor of Denis Coleman and against the Mutual Brewing Company. The A.ppellate Division held that the recovery in favor of Denis Coleman should be sustained to the extent of $5,175, and directed that the judgment so reduced should be permitted to…

2Cases cited3 opinions

  1. King v. . HarrisNew York Court of Appeals · 1866
  2. Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. King v. HarrisNew York Supreme Court · 1859

3Cited by3 opinions

  1. Matter of ColemanNew York Court of Appeals · 1903
  2. In re ColemanAppellate Division of the Supreme Court of the State of New York · 1902
  3. In re the Application of ColemanAppellate Division of the Supreme Court of the State of New York · 1902

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