In re Berry
New York Supreme Court
APPEAL from an order made at a special term, denying the prayer of the petition. On the 23d of November, 1854, B. Bidwell and J. W. Banta recovered a judgment, in the superior court of Buffalo, against the Atlas Mutual Insurance Company. On the 3d of January, 1855, the plaintiffs, by virtue of an execution issued upon that judgment, levied on certain desks, and an iron safe belonging to the company. The company appealed from the judgment to the general term.
Read the full summary
APPEAL from an order made at a special term, denying the prayer of the petition. On the 23d of November, 1854, B. Bidwell and J. W. Banta recovered a judgment, in the superior court of Buffalo, against the Atlas Mutual Insurance Company. On the 3d of January, 1855, the plaintiffs, by virtue of an execution issued upon that judgment, levied on certain desks, and an iron safe belonging to the company. The company appealed from the judgment to the general term. Smith and Ohesbrough became their ¡sureties upon the appeal, and to protect them the company assigned to them securities to the amount…
1Opinion of the Court
By the Court, Mitchell, P. J.
The receiver presents Ms claim on two grounds: first, that the first levy was under the *57oldest judgment, and that the appeal and security given thereon did not discharge the levy; second, that the appointment of the receiver took effect from the time of granting the order for a reference to appoint him, and that from that moment no act could be done affecting- the property of the company, either by the company or its creditors. The counsel for De Wolf, conceding that such may be the effect of an assignment to a receiver, under proceedings in ordinary actions…
2Cases cited2 opinions
- Clark v. ClarkNew York Court of Chancery · 1839
- In re ClarkNew York Supreme Court · 1846
3Cited by9 opinions
- Montevallo Coal Mining Co. v. ReynoldsSupreme Court of Alabama · 1870
- Ex parte ScottSupreme Court of Alabama · 1872
- Bowman v. TallmanThe Superior Court of New York City · 1864
- Durant Land Imp Co. v. Thomson-Houston Electric Co.New York Court of Common Pleas · 1893
- Ireland v. NicholsThe Superior Court of New York City · 1870
4 more not listed; retrieve them via the Exa API.