Halpin v. Mutual Brewing Co.
New York Supreme Court
Appeal from special term, Queens county. Action by Paul Halpin against the Mutual Brewing Company and others. From an order permitting the receiver to pay out of corporate funds in his possession the amount of a certain mortgage held by one C. F. Tietjen, trustee, and also certain judgments in favor of the West Side Bank and one Samuel K. Nester, and providing that if such payments were not made in 60 days the sheriff may proceed under executions theretofore issued on such…
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Appeal from special term, Queens county. Action by Paul Halpin against the Mutual Brewing Company and others. From an order permitting the receiver to pay out of corporate funds in his possession the amount of a certain mortgage held by one C. F. Tietjen, trustee, and also certain judgments in favor of the West Side Bank and one Samuel K. Nester, and providing that if such payments were not made in 60 days the sheriff may proceed under executions theretofore issued on such judgments, and permitting foreclosure of said mortgage, plaintiff and the receiver appeal.
1Opinion of the CourtBrown, P. J.
The point made by the appellants, that the original orders authorizing the receiver to pay the judgments in favor of the West Side Bank and Mr. Nester, and the mortgage held by Mr. Tietjen as trustee, were granted ex parte, needs no consideration, for *152■the reason that the order appealed from was made after the hearing •of a motion to vacate said ex parte orders, upon which motion all parties entitled to notice were heard, and the facts were fully presented to and considered by the court. That motion was treated as •an original application, and the order made thereon is the one from which the…
2Cases cited1 opinion
- Duncan v. George C. Treadwell Co.New York Supreme Court · 1894
3Cited by4 opinions
- Manix v. FantlAppellate Division of the Supreme Court of the State of New York · 1924
- Miller v. BarlowAppellate Division of the Supreme Court of the State of New York · 1903
- Schloss v. SchlossAppellate Division of the Supreme Court of the State of New York · 1897
- Miller v. BarlowAppellate Division of the Supreme Court of the State of New York · 1903