In re Bangs
New York Supreme Court
This was an appeal from portions of an order made at a special term of this court in the county of Genesee, held by Hon. * Levi F. Bowen, on the 10th day of January, 1853, denying in part the práyer of the petition in this matter. The petition expressed that it was in behalf of the petitioners and all other persons standing in the same situation; and the following facts, among others, appeared by the petition and affidavits in answer thereto.
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This was an appeal from portions of an order made at a special term of this court in the county of Genesee, held by Hon. * Levi F. Bowen, on the 10th day of January, 1853, denying in part the práyer of the petition in this matter. The petition expressed that it was in behalf of the petitioners and all other persons standing in the same situation; and the following facts, among others, appeared by the petition and affidavits in answer thereto. The Genesee Mutual Insurance Company ivas incorporated under and by virtue of an act of the legislature, passed May 3d, 1836, and entered upon the…
1Opinion of the Court
By the Court, T. R. Strong, J.
The receiver is an officer of the court, and subject to its control, in the performance of his duties; and the petitioners have such an interest in, and' sustain siich a relation to, the trust, as entitled them to apply by petition, for relief, in respect to the action of that officer. (2 R. S. 463, § 36. Laws of 1852, p. 67. 2 R. S. pt. 3, art. 3, tit. 4, ch. 8. Edwards on Receivers, 2, 4,125, 126. Verplanck v. Mercantile Ins. Co. of N. Y., 2 Paige, 438. In the matter of Merritt, 5 Id. 125. In the matter of the City Bank of Buffalo, 10 Id. 378. Noe v. Gibson, 7…
2Cases cited2 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by5 opinions
- Embree v. ShidelerIndiana Supreme Court · 1871
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
- Shaughnessy v. Rensselaer InsuranceNew York Supreme Court · 1855
- Hyatt v. McMahonNew York Supreme Court · 1857
- Great Falls Mutual Fire Insurance v. HarveySupreme Court of New Hampshire · 1864