Hirshfeld v. Bopp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Hirshfeld, suing on his own behalf and on behalf of all other creditors of The Madison Square Bank, and by. the defendants, Miles M. O’Brien and James G-. Cannon, as receivers of The Madison Square Bank, from a judgment of the Supreme' Court in favor of certain of the defendants, entered in the office of the clerk of the county of Hew York on the 24th day of August, 1897, upon the decision of the court, rendered after a trial at the Hew York…
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Appeal by the plaintiff, Jacob Hirshfeld, suing on his own behalf and on behalf of all other creditors of The Madison Square Bank, and by. the defendants, Miles M. O’Brien and James G-. Cannon, as receivers of The Madison Square Bank, from a judgment of the Supreme' Court in favor of certain of the defendants, entered in the office of the clerk of the county of Hew York on the 24th day of August, 1897, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint upon the merits. This action was brought to enforce the liability of…
1Opinion of the Court
Barrett, J.:
It does not seem necessary, for the disposition of this appeal, to consider what are, ordinarily, the rights of a creditor plaintiff to discontinue a representative action before his fellow-creditors have, by judgment or otherwise, obtained an interest therein. There are special circumstances here which . render the general rule of no importance. Hirshfeld’s agreement with the receivers bound him not to discontinue to the prejudice of the other creditors ; and we so held in the Clirehugh Case (5 App. Div. 202). But, in truth, Hirshfeld never sought to discontinue. He assigned his…
2Cases cited7 opinions
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Sherman v. SmithSupreme Court of the United States · 1862
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
- United Glass Co. v. . VaryNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barnes v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1899
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- O'Brien v. East River Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1898
- United States Glass Co. v. LevettNew York Supreme Court · 1898