Legal Opinion
Schultze v. Manufacturers Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 1934PublishedCited by 3 opinions
1Opinion of the Court
Peb Cubiam.
It is our opinion that while the plaintiff is a Martin Act receiver and the judgment which was entered by consent was too broad in decreeing that the respondent was appointed receiver of the corporation instead of his receivership being limited to property contemplated by the Martin Act (People v. Smith Co., 230 App. Div. 268, 274), nevertheless the appellant may not attack that judgment in this action which seeks to recover *263personal property that passed into the hands of the receiver by the terms of the judgment. (Platt v. N. Y. & Sea Beach R. Co., 170 N. Y. 451, and…
2Cases cited3 opinions
- Crouse v. . McVickarNew York Court of Appeals · 1912
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- People v. F. H. Smith Co.Appellate Division of the Supreme Court of the State of New York · 1930
3Cited by3 opinions
- Elfast v. LambCourt of Appeals for the Second Circuit · 1940
- Burns v. MaguireAppellate Division of the Supreme Court of the State of New York · 1938
- People v. Reinforced Paper Bottle Corp.New York Supreme Court · 1941