Stoerzer v. Nolan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry A. Stoerzer, from an order of the Supreme Court, made at the Rew York Special Term and entered in the. office of the clerk of the county of Rew York on the 29tli day of April, 1897, denying his motion, for an interlocutory order and judgment. - The action was brought by the plaintiff, a creditor of the defendant, .Durlands Riding Academy Company, to obtain an accounting and distribution of the assets of that company which came into the hands of…
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Appeal by the plaintiff, Henry A. Stoerzer, from an order of the Supreme Court, made at the Rew York Special Term and entered in the. office of the clerk of the county of Rew York on the 29tli day of April, 1897, denying his motion, for an interlocutory order and judgment. - The action was brought by the plaintiff, a creditor of the defendant, .Durlands Riding Academy Company, to obtain an accounting and distribution of the assets of that company which came into the hands of the defendant Rolan, ,as its assignee, for the benefit of creditors.
1Opinion of the Court
Per Curiam :
The action was begun, as appears from the complaint, by a creditor of the company more than a year after the assignment. After the service of the summons and complaint the assignor defaulted in answering, but upon the admission by the assignee in his answer of the claim of the plaintiff, an application was made in due time by the plaintiff, on consent, for an interlocutory order and judgment directing an accounting, which application was denied, -and from the order entered thereon this appeal is taken.
The Supreme Court has ample jurisdiction to entertain an action for an…
2Cases cited2 opinions
- Mills v. . HussonNew York Court of Appeals · 1893
- Blake v. BarnesNew York Supreme Court · 1892
3Cited by2 opinions
- M. Mirzoeff, Inc. v. Foster & Chadwick Fur Co.New York Supreme Court · 1962
- Morrell v. BallAppellate Division of the Supreme Court of the State of New York · 1899