Bamberger v. Fillebrown
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Edward S. Bamberger, as receiver, against Charles B. Fillebrown and others, to determine priorities. From an order overruling their demurrer, and final judgment entered thereon, defendants Fillebrown and Stevens appeal. In an action in the superior court brought by Joseph Sawyer against Morris Lowenthal and others, plaintiff was appointed receiver of defendants’ property.
Read the full summary
Appeal from special term. Action by Edward S. Bamberger, as receiver, against Charles B. Fillebrown and others, to determine priorities. From an order overruling their demurrer, and final judgment entered thereon, defendants Fillebrown and Stevens appeal. In an action in the superior court brought by Joseph Sawyer against Morris Lowenthal and others, plaintiff was appointed receiver of defendants’ property. In a subsequent action in the same court against the same parties, by defendants Fillebrown and Stevens, the receivership was extended to the action brought by them. Afterwards the…
1Opinion of the CourtFreedman, J.
Upon the facts alleged in the complaint, which stand admitted by the demurrer, there is no misjoinder of parties plaintiff, and the court has jurisdiction of the subject-matter of the action, and the plaintiff has set forth a sufficient cause of action. This is an action brought by a receiver in a creditors’ action to have priorities determined after conflicting claims had been made against the same fund remaining in his hands after final judgment. The jurisdiction of a court of equity to entertain such an action is firmly established. It is no answer to say that the same result might be…
2Cited by2 opinions
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898