Gautier v. Douglass Manufacturing Co.
New York Supreme Court
This action was commenced on the 18th day of November, 1874, by the service of the' summons, and an order to show cause why a receiver should not be appointed, the latter being returnable December 1,1874. The motion for a receiver was from time to time adjourned, until the 27th day of January, 1875, when it was argued, and on the 30th day of January an order wj|3 made and entered on said motion appointing a receiver in said action, unless the defendants deposit $50,000 in a…
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This action was commenced on the 18th day of November, 1874, by the service of the' summons, and an order to show cause why a receiver should not be appointed, the latter being returnable December 1,1874. The motion for a receiver was from time to time adjourned, until the 27th day of January, 1875, when it was argued, and on the 30th day of January an order wj|3 made and entered on said motion appointing a receiver in said action, unless the defendants deposit $50,000 in a certain trust company, to the credit of this action, and on the 1st day of February, 1875, such deposit was made by the…
1Opinion of the CourtBrady, J.
The plaintiffs declare, through their counsel, that their success in this action depends, first, upon the construction of the papers creating a trust mentioned in the pleadings, and that unless, under and by virtue of the construction given them, a lien results in their favor, this action cannot be maintained. The motion for a reference is therefore denied. It is conceded that if the lien is declared to exist, a reference to take an account will become necessary in *328order to ascertain against what the lien may he applied. Motion denied for these reasons.
Owen & Gray, attorneys, and John E.…
2Cases cited2 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Fleming v. HollenbackNew York Supreme Court · 1849
3Cited by3 opinions
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1890
- Zoglio v. T. W. Waterman Co.Supreme Court of Rhode Island · 1916
- Smith v. ClewsNew York Supreme Court · 1884