Nicoll v. . Boyd
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 4, 1881, which affirmed an order of Special Term, denying a motion on behalf of the defendants in the three actions first above entitled, to set aside the appointment of the plaintiff therein as receiver.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 4, 1881, which affirmed an order of Special Term, denying a motion on behalf of the defendants in the three actions first above entitled, to set aside the appointment of the plaintiff therein as receiver. In the year 1840 the suit lastly above entitled, which was a creditor’s suit, was instituted in the late Court of Chancery for the purpose of reaching the property and equitable interests of the defendants therein, and appropriating the same to the payment of the judgment. The bill of…
1Opinion of the CourtDanforth, J.
We think this appeal should be dismissed. The death of the judgment debtors occurred after the appointment of the receiver. They had gone so far as to execute the usual assignment of their property to him. It, therefore, was, upon the death of the first receiver, vested in the court, for his possession was its possession, and he was merely its agent or representative. The suits in question were begun by the new receiver under the authority of the court, for the purpose of getting in the state of the judgment debtors, and although upon their death the creditor’s suit abated, the functions of…
2Cases cited3 opinions
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
- Requa v. . HolmesNew York Court of Appeals · 1857
- Washington Insurance v. SleeNew York Court of Chancery · 1831
3Cited by4 opinions
- Nichol v. MurphyMichigan Supreme Court · 1906
- Smith v. HarrisIndiana Supreme Court · 1893
- Smith v. BarnumAppellate Division of the Supreme Court of the State of New York · 1901
- Pooler v. SammetNew York Supreme Court · 1908