Farmers' Loan & Trust Co. v. Hotel Brunswick Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Farmers’ Loan & Trust Company against the Hotel Brunswick Company, and Josiah H. Baker, as receiver of said hotel company, to foreclose a chattel mortgage. Defendant Baker was appointed receiver of the hotel company on petition of a majority of the stockholders for a dissolution of the corporation and the appointment of a receiver to wind up its affairs.
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Appeal from special term, New York county. Action by the Farmers’ Loan & Trust Company against the Hotel Brunswick Company, and Josiah H. Baker, as receiver of said hotel company, to foreclose a chattel mortgage. Defendant Baker was appointed receiver of the hotel company on petition of a majority of the stockholders for a dissolution of the corporation and the appointment of a receiver to wind up its affairs. Afterwards R. Sturgis was appointed receiver of the hotel company on the application of the mortgagee under a chattel mortgage of the property of the hotel company, and defendant Baker…
1Per curiam
We think the plaintiff made out a proper case for the appointment of a receiver in this action. But there was no reason why the receiver who had already been appointed in the voluntary dissolution proceedings should not have been appointed receiver in this action. We think it was not necessary for the protection of the plaintiff’s interest that the court should have appointed a new receiver in this action. Everything sought to be obtained by that appointment could have been obtained through the instrumentality of the receiver already appointed, and by proper instructions and directions to…
2Cited by2 opinions
- Curlette v. OldsAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Voluntary Dissolution of the Busch Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1899