Hardt v. Levy
New York Supreme Court
Appeal from special term, New York county. Action by William A. Hardt and others against Julius Levy and others. From an order withdrawing leave of court previously granted to the Kings County Trust Company to sue Henry Winthrop Gray, the receiver, and vacating such order, and ordering said trust company to desist from prosecuting such action which it had commenced against the receiver and others, said trust company appeals.
1Opinion of the CourtParker, J.
We have already decided at this term of the court (29 N. Y. Supp. 373) that the special term properly refused to vacate the order of May 21, 1891, which, among other things, appointed Henry Winthrop Gray receiver, and rightly directed that the receiver should account before a referee appointed for that purpose, and for the usual action in such cases, upon full compliance with which the order directs’that he shall be discharged. If our *376position in that case be well taken, it follows that the court should not give consent that its officer, while proceeding in the discharge of a duty imposed…
2Cases cited1 opinion
- Hardt v. LevyNew York Supreme Court · 1894