Rider v. . Bagley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 23, 1877, which affirmed an order made at a Special Term, denying the motion of the plaintiff that the defendant, “ John H. Bagley, Jr., pay or deliver over to James T..01well, receiver appointed herein, the rents and securities collected and received by himself, or his agent or agents, of Nichols & Pennoyer, or either of them, for rent of the premises described in the…
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 23, 1877, which affirmed an order made at a Special Term, denying the motion of the plaintiff that the defendant, “ John H. Bagley, Jr., pay or deliver over to James T..01well, receiver appointed herein, the rents and securities collected and received by himself, or his agent or agents, of Nichols & Pennoyer, or either of them, for rent of the premises described in the complaint as the dock property, or the equivalent of such rent or securities in money.” _ (Beported below, 12 Hun, 17.)…
1Opinion of the CourtEarl, J.
The plaintiff did not have a strict legal right to the appointment of a receiver. Whether, a receiver should be appointed rested in the discretion of the Supreme Court. (Syracuse Bank v. Tallman, 31 Barb. 201.) Assuming that that court had the power to compel Bagley to pay the rents to the receiver after he was appointed, it was not obliged to exercise the power. Whether it. should exercise the power was just as much in its discretion as the appointment of the receiver. But until the receiver was appointed, Bagley, as the owner of the equity of redemption, standing in the place of the…
2Cases cited3 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Mitchell v. . BartlettNew York Court of Appeals · 1873
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
3Cited by22 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
- White v. Anthony Investment Co.Supreme Court of Florida · 1935
- Wyckoff v. . ScofieldNew York Court of Appeals · 1885
- In re Clark Realty Co.Court of Appeals for the Seventh Circuit · 1916
17 more not listed; retrieve them via the Exa API.