Armstrong v. . McLean
New York Court of Appeals
Appeal from an order of the General Term of the Supreme-Court in the fifth judicial department, entered May 29,1896, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a. new trial. The nature of the action and the facts, so far as material, are-stated in the opinion.
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Appeal from an order of the General Term of the Supreme-Court in the fifth judicial department, entered May 29,1896, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a. new trial. The nature of the action and the facts, so far as material, are-stated in the opinion. The trial court correctly applied upon the debt of $3,636.41 a pro rata part of the-money realized from the foreclosure sales upon the four mortgages given by Riley to McLean as collateral security for the said debt, in connection with other debts owing by…
1Opinion of the CourtMartin, J.
This action was brought by the plaintiff as receiver of the property of George S, Eiley. Its purpose was to compel Hector McLean, the respondent, to surrender to the plaintiff certain dioses .in action which were in his possession, and also to account for and pay over to him all the money exceeding the sum of $3,636.41 which he had received upon certain other contracts assigned to him by Eiley.
Prior to the eighth day of November, 1893, the plaintiff was duly appointed receiver of the property, equitable interests and things in action of the defendant George S. Eiley, in proceedings…
2Cases cited11 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- Leitch v. . HollisterNew York Court of Appeals · 1850
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3Cited by8 opinions
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Windsor Trust Co. v. ChampignySupreme Court of Connecticut · 1927
- In re SearlesDistrict Court, E.D. New York · 1912
- Kelby v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1947
- Tolerton & Stetson Co. v. RobertsSupreme Court of Iowa · 1902
3 more not listed; retrieve them via the Exa API.