Buffalo Chemical Works v. Bank of Commerce
New York Supreme Court
Appeal from special term, Genesee county. Action by the Buffalo Chemical Works against the Bank of Commerce in Buffalo and others. From an order appointing a receiver of the property of defendant Genesee Oil Works, Limited, and restraining the other defendants from prosecuting any action against defendant oil works, the other defendants appeal. The Genesee Oil Works, Limited, is a partnership association, created pursuant to the laws of the state of Pennsylvania.
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Appeal from special term, Genesee county. Action by the Buffalo Chemical Works against the Bank of Commerce in Buffalo and others. From an order appointing a receiver of the property of defendant Genesee Oil Works, Limited, and restraining the other defendants from prosecuting any action against defendant oil works, the other defendants appeal. The Genesee Oil Works, Limited, is a partnership association, created pursuant to the laws of the state of Pennsylvania. It has $150,000 capital stock, and the defendants Joseph C. Bright and William H. Bright were subscribers for most of it. The…
1Opinion of the CourtBradley, J.
It may be that a leading purpose of the action is to restrain the defendant the Bank of Commerce from proceeding to the foreclosure of its mortgages against the property of the Genesee Oil Works, Limited. At all events, as here treated, the main question is whether the plaintiff is fairly entitled to the order thus enjoining that defendant. The plaintiff is a judgment creditor of the Genesee Oil Works, Limited, to the amount of about $1,000. Execution issued upon the judgment has been levied upon the property of that association; and, as appears by the complaint, it is the second lien by levy…
2Cases cited6 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Savage v. . AllenNew York Court of Appeals · 1873
- National Park Bank v. GoddardNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ketcham v. ProvostAppellate Division of the Supreme Court of the State of New York · 1911