McMahon v. Allen
New York Supreme Court
Appeal from an order denying a motion to discharge the appointment of a receiver. This action was brought by Dennis McMahon, Jr., assignee, &e., against Thomas E. Allen, to set aside a conveyance made by one Charles T. Harrison to Allen of an undivided half of a life-interest in a house and lot in Houston-street, in the city of New York.
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Appeal from an order denying a motion to discharge the appointment of a receiver. This action was brought by Dennis McMahon, Jr., assignee, &e., against Thomas E. Allen, to set aside a conveyance made by one Charles T. Harrison to Allen of an undivided half of a life-interest in a house and lot in Houston-street, in the city of New York. The action was commenced in March, 1853. In September, 1858, and before final judgment in the cause, an order was made by consent, appointing William Tucker receiver of the rents and -profits of the property. The order appointing the receiver provided that…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
We think the consent authorized the appointment and continuance of the receiver until final judgment in the cause, and until a decision on such final judgment on appeal.
The general term having reversed the judgment rendered, there is as yet no final judgment in the cause, and the receivership would continue until the cause went back to special term for a new trial. The reason for a receiver is just as good now as it was when a receiver was first appointed.
The appeal on behalf of the plaintiff to the Court of Appeals does not change the state of things, except…
2Cited by1 opinion
- Fellows v. HeermansNew York Court of Appeals · 1870