Clark v. . Bininger
New York Court of Appeals
Appeals by Thomas J. Bari-, receiver, from two orders of the General Term of the Superior Court of the city of New York, affirming orders of Special Term. (Reported below, 11 J. & S., 126, 344.) This was an action between partners, the parties compos- ■ ing the firm of A. Bininger & Co. Thomas J. Barr, the appellant, was appointed receiver of the partnership assets.
Read the full summary
Appeals by Thomas J. Bari-, receiver, from two orders of the General Term of the Superior Court of the city of New York, affirming orders of Special Term. (Reported below, 11 J. & S., 126, 344.) This was an action between partners, the parties compos- ■ ing the firm of A. Bininger & Co. Thomas J. Barr, the appellant, was appointed receiver of the partnership assets. Subsequently, upon application of the assignee in bankruptcy of the parties, an order was granted directing said receiver to transfer and deliver to said assignee all of said assets, reserving, however, sufficient to pay and…
1Opinion of the CourtHand, J.
The court below were' right in holding that the affidavit of Barr, presented upon his appearance under the order to show cause why he should not be punished for hie contempt in disobeying the order of April 16, 1877, did not sufficiently excuse his disobedience. He had been charged in the moving papers with refusing to pay to Titus, out of the fund in his possession, the sum directed. It may be that he intended to state in his affidavit that, before the order was served upon him, he had in good faith paid out legally all but the amount which he deposited in the Bowery Savings Bank, and that…
2Cases cited4 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Conklin v. . the Second Nat. Bank of OswegoNew York Court of Appeals · 1871
- Matter of KellyNew York Court of Appeals · 1875
3Cited by23 opinions
- Moffat v. . HermanNew York Court of Appeals · 1889
- Socialistic Co-Operative Publishing Ass'n v. KuhnNew York Court of Appeals · 1900
- In re HildrethAppellate Division of the Supreme Court of the State of New York · 1967
- Aldinger v. PughNew York Supreme Court · 1890
- Koehler v. Farmers' & Drovers' National BankNew York Supreme Court · 1889
18 more not listed; retrieve them via the Exa API.