Freeman v. . Grant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 14, 1890, which affirmed a judgment dismiss* ing plaintiff’s complaint on the trial at the Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court had power by the express provisions of the Code to grant the plaintiff’s applications. (Code Civ.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 14, 1890, which affirmed a judgment dismiss* ing plaintiff’s complaint on the trial at the Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court had power by the express provisions of the Code to grant the plaintiff’s applications. (Code Civ. Pro. §§ 539, 540, 723, 3343; Rehberg v. Mayor, etc., 91 N. Y. 137; Clemenee v. City of Auburu, 66 id. 334.) If the sheriff paid the surplus over and at once seized it…
1Opinion of the CourtParker, J.
The complaint alleged the making of a general assignment for the benefit of creditors by the firm of ICaughran & Barrett to Miles O’Brien; an acceptance of the trust and the taking possession of the assigned property by the assignee ; the plaintiff’s subsequent appointment and qualification as receiver of the estate of ICaughran & Barrett, and the delivery of possession thereof by Miles O’Brien to him pursuant to the order of the court.
It'further averred that during the time said assigned property was in the possession of O’Brien, the assignee, the defendant in this action, as sheriff of the…
2Cases cited4 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Barnes v. . QuigleyNew York Court of Appeals · 1874
- Clinton v. StrongNew York Supreme Court · 1812
3Cited by8 opinions
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Gates v. PaulWisconsin Supreme Court · 1903
- Martin v. . Home BankNew York Court of Appeals · 1899
- Talbot v. GarretsonOregon Supreme Court · 1897
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.