Legal Opinion

Buchanan v. Comstock

New York Supreme Court

Decided October 3, 1865PublishedCited by 6 opinions

11HIS was an appeal by the defendant Comstock, from an . order made at the Albany special term, appointing John W. Thompson, Esq., receiver of 193 shares of stock of the Pioneer Paper Company, with power to sell the same, “if in his judgment the interests of the parties will be promoted by the sale,” “ at public auction,” and requiring “ all the parties to this action to forthwith assign and deliver said stock to said receiver, so that new scrip therefor may be issued to…

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11HIS was an appeal by the defendant Comstock, from an . order made at the Albany special term, appointing John W. Thompson, Esq., receiver of 193 shares of stock of the Pioneer Paper Company, with power to sell the same, “if in his judgment the interests of the parties will be promoted by the sale,” “ at public auction,” and requiring “ all the parties to this action to forthwith assign and deliver said stock to said receiver, so that new scrip therefor may be issued to said receiver.” The stock originally belonged to the copartnership-firm of S. A. Parks '& Co., which was composed of…

1Opinion of the Court

By the Court, Bosekbans, J.

If we look solely at the verified allegations of the complaint, in this action, it is difficult to discover upon what principle, or for what purpose, the order for the appointment of a receiver of the property of the firm of S. A. Parks & Co. was granted. The substance of those allegations is as follows : That in 1856 the plaintiff and the defendant Parks composed the firm of S. A. Parks & Co., and the firm had real and personal property with which it conducted the business of manfacturing paper, .until March, 1858, when their factory was destroyed by fire. Bach…

2Cases cited1 opinion

  1. Smith v. LoweNew York Court of Chancery · 1831

3Cited by6 opinions

  1. Sweeny v. MayhewIdaho Supreme Court · 1899
  2. Oyama v. StuartHawaii Supreme Court · 1915
  3. The Clara A. McIntyreDistrict Court, E.D. North Carolina · 1899
  4. Allen v. Dallas & W. R.United States Circuit Court · 1878
  5. Fleming v. CarsonOregon Supreme Court · 1900

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