In re the Voluntary Dissolution of the Lenox Corp.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the People’s National Bank of W aynesboro, Pa., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 27th day of July, 1900, denying its motion to vacate an order appointing a temporary receiver and enjoining creditors from prosecuting claims and to have an execution theretofore delivered to the sheriff ■ of Erie county in its behalf declared a first lion on all the personal property…
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• Appeal by the People’s National Bank of W aynesboro, Pa., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 27th day of July, 1900, denying its motion to vacate an order appointing a temporary receiver and enjoining creditors from prosecuting claims and to have an execution theretofore delivered to the sheriff ■ of Erie county in its behalf declared a first lion on all the personal property of the corporation; ■ also from an order amending the first-mentioned order nunepro time. On the 13th day of March,…
1Opinion of the Court
Laughlin, J.:
The first point urged by appellant is that the order appointing the temporary receiver and enjoining creditors from prosecuting' *518claims is absolutely void. If so, doubtless it must be vacated, notwithstanding petitioner’s loches in making the motion is so great • under the circumstances as to warrant, if not require, the denial of the motion if addressed to the discretion of the court. The grounds upon which it is claimed that the order is void are, (1) that neither the petition nor affidavits contain an allegation of insolvency; (2) that the schedules show solvency, and (3) that…
2Cases cited9 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Denike v. New York & Rosendale Lime & Cement Co.New York Court of Appeals · 1880
- Baker v. EmersonAppellate Division of the Supreme Court of the State of New York · 1896
- French v. AndrewsNew York Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re BaumannAppellate Division of the Supreme Court of the State of New York · 1922
- In re DoscherDistrict Court, N.D. New York · 1902
- People v. Community Live Poultry Corp.New York Supreme Court · 1926
- Wilcox v. National Shoe & Leather BankAppellate Division of the Supreme Court of the State of New York · 1902
- Gasser v. Infanti International, Inc.District Court, E.D. New York · 2005
4 more not listed; retrieve them via the Exa API.