Taylor v. Baldwin
New York Supreme Court
Motion by a receiver to punish for contempt the plaintiff who had brought this action against the receiver without leave, and to stay the proceedings in such action.
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Motion by a receiver to punish for contempt the plaintiff who had brought this action against the receiver without leave, and to stay the proceedings in such action. Judgment was obtained in this action by Thomas T. Taylor and another against Samuel Baldwin, and the judgment-roll filed in the clerk’s office of the city and county of New York; and proceedings supplementary to the return of an execution unsatisfied were instituted, and Nelson Smith appointed receiver, April 28, 1860, by a justice of this court, in the city of New York. After his appointment, the receiver instituted a suit to…
1Opinion of the CourtBarnard, J.
The suit of Downing was commenced by summons, without complaint, and Smith was not described therein as receiver;. Smith consequently could not, until after he had appeared and obtained a complaint upon demand made, know that he was sued as receiver; the fact that he has appeared does not, therefore, waive the objection he now raises that he has been sued as receiver, without leave of the court first obtained. Since he became aware that that suit was brought against him as receiver, he has taken no steps therein.
It is necessary that a party desiring to sue a receiver, should first obtain…
2Cited by4 opinions
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
- Le Fevre v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1899
- Kroner v. ReillyAppellate Division of the Supreme Court of the State of New York · 1900
- Read v. BraytonNew York Supreme Court · 1893