Nealis v. . American Tube Iron Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 16, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material," are stated in the opinion. The plaintiff as a temporary receiver cannot maintain this equity action.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 16, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material," are stated in the opinion. The plaintiff as a temporary receiver cannot maintain this equity action. (Mann v. Pentz, 3 N. Y. 416; Adsit v. Butler, 87 N. Y. 585; Geery v. Geery, 63 N. Y. 252; Sturges v. Vanderbilt, 73 N. Y. 384; Adee v. Bigler, 81 N. Y. 349.) The Yew York Supply…
1Opinion of the CourtBartlett, J.
The plaintiff sues as receiver of the Yew York Supply Company to recover of the defendant corporation moneys collected by it under a judgment in its favor, entered against the Yew York Supply Company upon an offer made by the latter in contemplation of insolvency, and when actually insolvent, for the purpose of giving the defendant an unlawful preference.
The judgment upon this offer was entered October 31st, 1888; the plaintiff was appointed temporary receiver of the Yew York Supply Company March 28th, 1889, in an action to sequestrate its property, and took possession of its assets April…
2Cited by8 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- In re Warren E. Smith Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Cohen v. La VinCourt of Appeals for the Second Circuit · 1954
- Stiefel v. New York Novelty Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Johnson v. RaynerAppellate Division of the Supreme Court of the State of New York · 1898
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