Vilas v. . Page
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court' on trial at Special Term. This action was brought to foreclose an alleged lien upon certain railroad property and to charge certain of the defendants individually with the indebtedness, the subject of said lien.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court' on trial at Special Term. This action was brought to foreclose an alleged lien upon certain railroad property and to charge certain of the defendants individually with the indebtedness, the subject of said lien. The facts, as found by the court, are substantially as follows: The Plattsburgh and Montreal Railroad Company was organized on the 28th day of March, 1850, under…
1Opinion of the CourtAndrews, J.
The validity of the order of March 10,1858, lies at the basis of the lien claimed by the plaintiff under the agreement of August 27, 1858. The receiver had no power, as incident to his general authority as receiver, to create a lien on the property of the railroad company for the purchase of rolling stock. The jurisdiction of the court to. appoint receivers of property has for its primary object the care and custody of the property which is the subject of the receiver ship, pending the determination of the questions involved in the litigation, and to enable the court, by placing the property…
2Cases cited4 opinions
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Wallace v. LoomisSupreme Court of the United States · 1878
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
3Cited by37 opinions
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
- Bradshaw v. . MillikinSupreme Court of North Carolina · 1917
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Dalliba v. WinschellIdaho Supreme Court · 1905
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