Hammond v. Hudson River Iron & Machine Co.
New York Supreme Court
This is a motion for the appointment of a receiver, and for other relief, as specified in the notice. The petition of the plaintiffs states that plaintiffs, on the 26th of June, 1854, obtained a judgment in the supreme court of this state, against the defendants, for $10,671.48 damages and costs, upon which execution was issued to the sheriff of Washington county, (the defendants’ place of business having been in Fort Edward, in said county,) and has been returned wholly…
Read the full summary
This is a motion for the appointment of a receiver, and for other relief, as specified in the notice. The petition of the plaintiffs states that plaintiffs, on the 26th of June, 1854, obtained a judgment in the supreme court of this state, against the defendants, for $10,671.48 damages and costs, upon which execution was issued to the sheriff of Washington county, (the defendants’ place of business having been in Fort Edward, in said county,) and has been returned wholly unsatisfied. That after the return of the execution, and on 29th July, 1854, plaintiffs commenced an action against all the…
1Opinion of the Court
C. L. Allen, Justice.
The relief asked for in the notice of motion is various. The first prayer is for the appointment of a receiver, in this action, of the property and effects of the Hudson River Iron and Machine Company, for the benefit of all the creditors of said company, in proportion to their debts respectively, pursuant to the complaint and petition. In considering the motion, I shall lay out. of view entirely the charge of fraud, so far as defendants, Beach and Hears, are concerned. That is a matter not to be tried on affidavit or on this motion, but on the trial, if any is hereafter…
2Cases cited4 opinions
- Morgan v. New-York & Albany Rail RoadNew York Court of Chancery · 1843
- Harris v. ThompsonNew York Supreme Court · 1853
- Lowene v. American Fire InsuranceNew York Court of Chancery · 1837
- Dambman v. Empire MillNew York Supreme Court · 1851
3Cited by1 opinion
- Stephens v. PageNew York Court of Common Pleas · 1893