In re Commercial Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Application by the Commercial Bank for leave to sue Alfred M. Mills as receiver. From an order granting leave, the receiver appeals. Before April, 1898, Alfred Dolge and Rudolph Dolge were partners, under the name of Alfred Dolge & Son, engaged in business at Dolgeville, in the eounty of Herkimer, state of New York, which county is within the Fifth judicial district.
Read the full summary
Appeal from special term. Application by the Commercial Bank for leave to sue Alfred M. Mills as receiver. From an order granting leave, the receiver appeals. Before April, 1898, Alfred Dolge and Rudolph Dolge were partners, under the name of Alfred Dolge & Son, engaged in business at Dolgeville, in the eounty of Herkimer, state of New York, which county is within the Fifth judicial district. April 9, 1898, Rudolph Dolge began an action in the supreme court, the venue being laid in the county of Herkimer, against Alfred Dolge, for the dissolution of the firm, on the ground of its insolvency,…
1Opinion of the CourtFollett, J.
Applications for orders affecting receivers are, in effect, motions in the action in which the receiver was appointed (Rinn v. Insurance Co., 59 N. Y. 143; In re Thompson, 10 App. Div. 40, 41 N. Y. Supp. 740; Smith, Rec. § 87); and the character of a motion is not changed by entitling the moving papers, “In the Matter of,” etc., instead of in the action. An application made on notice for leave to sue a receiver must be made in the judicial district in which the action wherein the receiver was appointed was brought, or in a county adjoining the county in which the action was brought. Code Civ.…
2Cases cited4 opinions
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
- Rinn v. . Astor Fire Insurance Co.New York Court of Appeals · 1874
- Wilkinson v. North River Construction Co.New York Supreme Court · 1884
- Attorney-General v. North America Life InsuranceNew York Supreme Court · 1878
3Cited by1 opinion
- In re BraueAppellate Terms of the Supreme Court of New York · 1911