Stuyvesant v. Grissler
The Superior Court of New York City
Motion for the appointment of a receiver. Joseph R. Stuyvesant brought ejectment against Gottlieb Grissler and others. The facts are as follows: In July, 1867, the plaintiff, being the owner of part and the lessee of another part of certain premises in this city, leased them to Browning & Moore for a term of ten years from May 1, 1868, at an annual rent of six thousand dollars.
Read the full summary
Motion for the appointment of a receiver. Joseph R. Stuyvesant brought ejectment against Gottlieb Grissler and others. The facts are as follows: In July, 1867, the plaintiff, being the owner of part and the lessee of another part of certain premises in this city, leased them to Browning & Moore for a term of ten years from May 1, 1868, at an annual rent of six thousand dollars. The lease contained a provision, that all improvements and additions to the buildings on the premises should at the expiration of the term, be surrendered to the lessor. In August, 1868, Browing & Moore, to enable them…
1Opinion of the CourtMonell, J.
The power of the court to appoint a receiver, in an action to recover the possession of real property, having been determined by this court in Ireland n. Mchols (1 Sweeny, 208), I am not at liberty to examine the question, and must regard it as settled, notwithstanding doubts of its correctness may have been raised by the very able argument of the defendant’s counsel. That decision, however, goes only to the power of the court, leaving it still discretionary to appoint, or to refuse to appoint a receiver, as the facts of the case shall seem to justify. The plaintiff claims to recover the…
2Cases cited8 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Whitney v. MeyersThe Superior Court of New York City · 1852
- Furniss v. . FergusonNew York Court of Appeals · 1857
- Orman v. PhelpsNew York Supreme Court · 1850
- Main v. GreenNew York Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.