Sea Insurance v. Ward
New York Supreme Court
On the petition of Samuel Ward and others, who were stockholders of the Sea Insurance Company, praying the appointment of a receiver and the issuing of an injunction pursuant to the statute relating to proceedings against corporations in equity, 2 R. S. 461, the court of chancery, on the 3d day of December last, made a decree directing a reference to one of the masters of the court to appoint a receiver of the property and effects of the company, and investing the receiver…
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On the petition of Samuel Ward and others, who were stockholders of the Sea Insurance Company, praying the appointment of a receiver and the issuing of an injunction pursuant to the statute relating to proceedings against corporations in equity, 2 R. S. 461, the court of chancery, on the 3d day of December last, made a decree directing a reference to one of the masters of the court to appoint a receiver of the property and effects of the company, and investing the receiver with all the powers conferred by the 41st section of the" statute. It was further decreed that an injunction issue,…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Chief Justice Nelson.
In respect to the modification or even dissolution of the injunction by this court, after an appeal, I am not disposed to disclaim the right to exercise the power here, when a fit case is presented. • The- appeal brings up the decree below, with all the proceedings depending upon it, and I can readily participate in the doubt expressed by the learned chancellor as to his further jurisdiction over the subject matter. But, however that may be, clearly, in a case where a modification becomes necessary to prevent a…
2Cited by2 opinions
- Morris v. Third Avenue RailroadNew York Court of Common Pleas · 1862
- Ryerson v. BoormanSupreme Court of New Jersey · 1849