In re Bristol
New York Supreme Court
Application by a trustee, appointed in foreign insolvency proceedings, to have an injunction which had been granted against the insolvent modified. An action was pending in this court between Gorham D. Abbot, plaintiff, and the American Hard Rubber Company, and various of its directors and others. An injunction had been obtained in that action restraining the payment of several notes made by Poppenhusen & Konig, in favor of the American Hard Rubber Company.
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Application by a trustee, appointed in foreign insolvency proceedings, to have an injunction which had been granted against the insolvent modified. An action was pending in this court between Gorham D. Abbot, plaintiff, and the American Hard Rubber Company, and various of its directors and others. An injunction had been obtained in that action restraining the payment of several notes made by Poppenhusen & Konig, in favor of the American Hard Rubber Company. At the date of the present application, the sum due was $27,000. The action was commenced February 29, 1860. On the 9th day of November,…
1Opinion of the CourtSutherland, J.
Were it not for the decision of the Court of Appeals of this State in Hoyt a. Thompson (5 N. Y., 320), I should have thought it extremely doubtful, whether the courts of this State' could recognize the right or title of the petitioner, as trustee under the Connecticut bankrupt proceedings, to the notes mentioned in the petition, even as against the debtors or *187makers of the notes residing in this State. (See Abraham a. Plestoro, 3 Wend., 540; and the remarks on the decision in that case, in Johnson a. Hunt, 23 Ib., 89 et seq.; and in Bell a. Hunt, 3 Barb. Ch., 395.)
The Court of Appeals, I…
2Cases cited3 opinions
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Bell v. HuntNew York Court of Chancery · 1848
- Willetts v. WaiteNew York Supreme Court · 1856
3Cited by1 opinion
- Matter of Accounting of WaiteNew York Court of Appeals · 1885