In re the Voluntary Dissolution of The Wendler Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by J. Rogers & Co. and others from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 19th day of September, 1895, ratifying and confirming a sale of real and personal property of the Wendler Machine Company, which sale took place on the 22d of August, 1895, pursuant to. a postponement of sale noticed to take place on the 15th of August, 1895. The property was struck off to the…
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Appeal by J. Rogers & Co. and others from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 19th day of September, 1895, ratifying and confirming a sale of real and personal property of the Wendler Machine Company, which sale took place on the 22d of August, 1895, pursuant to. a postponement of sale noticed to take place on the 15th of August, 1895. The property was struck off to the highest bidder, “ subject to all legal liens thereon, for the sum of $125.00.” Motice of the application to confirm the…
1Opinion of the Court
Hardin, P. J.:
It seems that Rogers & Co., who were creditors of the Wendler Machine Company, made themselves parties to the proceeding, and after becoming such parties to the proceeding, they were entitled to notice of any application subsequently made therein. (Code Civ. Proc. §§ 799, 2428.) *
It seems by the affidavits that the receiver was interested, as he held some $9,000 of the bonds secured by a mortgage. Although it is stated in the terms of sale, issued by the receiver^ that the sale would be made subject to the approval of the court, there is nothing in the terms prescribed by the…
2Cases cited5 opinions
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Vail v. . HamiltonNew York Court of Appeals · 1881
- Kellogg v. HowellNew York Supreme Court · 1872
- Syracuse Sav. Bk. v. . S., C. N.Y.R.R. Co.New York Court of Appeals · 1882
3Cited by2 opinions
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- Leffert v. . JackmanNew York Court of Appeals · 1919