Field v. Sands
The Superior Court of New York City
Ah appeal from an order made by Mr. Justice Hottmau, upon a motion that the claim of the plaintiffs be paid out of the funds in the hands of L. E. Marsh, Beceiver. The facts, so far as material, are stated in the opinion of the Court, and in the head note above.
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Ah appeal from an order made by Mr. Justice Hottmau, upon a motion that the claim of the plaintiffs be paid out of the funds in the hands of L. E. Marsh, Beceiver. The facts, so far as material, are stated in the opinion of the Court, and in the head note above. The order appealed from was made on a petition of the Beceiver for instructions, and on a motion made at the same time by the Counsel of C. W. Field &• Co., that the Beceiver pay over to them the entire fund, less his fees. The motions were heard at Special Term, and the Court ordered the contesting claimants to be paid pro rata. From…
1Opinion of the Court
By the Court—Moncrief, J.
It will simplify proceedings to lay out of view the fact of suits having been brought by parties not now before the Court, whose claims have been satisfied. The plaintiffs (0. W. Field & Co.) commenced a creditor’s suit on the 3d of December, 1858, against Sands & Paradise, and their assignee, (John Dean,) to set aside the assignment, and compel an application of the assigned property to the payment of their judgment.
They have succeeded in their suit, and obtained a judgment granting the desired relief, and Mr. Marsh has been appointed a Beceiver in the action, and as…
2Cases cited3 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1840
3Cited by6 opinions
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Metcalf v. Del ValleNew York Supreme Court · 1892
- Olney v. TannerU.S. Circuit Court for the District of Southern New York · 1883
- Purchase v. New York Exchange BankThe Superior Court of New York City · 1865
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