Boynton v. Sprague
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry L. Sprague and others, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the ISth-day of March, 1904, upon the verdict of a jury rendered by direction of the court-after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the, 23d day of March, 1904, denying the defendants’ motion for a new trial made upon the minutes. - This…
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Appeal by the defendants, Henry L. Sprague and others, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the ISth-day of March, 1904, upon the verdict of a jury rendered by direction of the court-after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the, 23d day of March, 1904, denying the defendants’ motion for a new trial made upon the minutes. - This is an action brought by a receiver in supplementary pror ceedings of a creditor of the Sitka Developing Company against…
1Opinion of the Court
O’Brien, J.:
The appellants rely principally upon three grounds for the reversal of this judgment which may be considered in their order.
The first is that the right to recover the penalty did not pass to the receiver, it being a personal one, or, as expressed by the appellants, “ the claim which Marie had against defendants being in *446the nature of a claim to recover a penalty and therefore an action ex delicto did not pass to the plaintiff as receiver in supplementary proceedings.” ;
There are cases, some of which are referred to by the appellants, which hold that an action to recover a penalty…
2Cases cited6 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Wright v. . NostrandNew York Court of Appeals · 1883
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Stokes v. . StickneyNew York Court of Appeals · 1884
- Brackett v. . GriswoldNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Colcord v. GranzowSupreme Court of Oklahoma · 1928
- Credit Men's Adjustment Co. v. VickerySupreme Court of Colorado · 1916
- Muller v. City of PhiladelphiaNew York Supreme Court · 1906
- People ex rel. Shane v. GittensNew York Supreme Court · 1912