Brush v. . Jay
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 11, 1888, which affirmed an order of the Special Term appointing a receiver pendente lite, etc. The facts are sufficiently stated in the opinion. The order, in so far ■as it directs a sale of the abstracts in advance of a trial, and before the ownership of the same is determined, affects a substantial right and is reviewable in this court. (Code of Civ.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 11, 1888, which affirmed an order of the Special Term appointing a receiver pendente lite, etc. The facts are sufficiently stated in the opinion. The order, in so far ■as it directs a sale of the abstracts in advance of a trial, and before the ownership of the same is determined, affects a substantial right and is reviewable in this court. (Code of Civ. Pro. § 190.) The abstracts of title are no part of the partnership assets, but are severally the property of the respeetive clients,…
1Opinion of the Court
Ruger, Ch. J.
This is an appeal from an order appointing a receiver pendente lite of the assets of a law firm, and directing him to take possession, among other things, of all abstracts of title in possession of said firm, and, within fifteen days after his qualification, to expose to sale and sell the same. The action in which said receiver was appointed was brought for the purpose of effecting a dissolution of a partnership; a determination of the assets of the firm, and to procure a sale of the same, and a settlement of partnership affairs. The complaint alleged that the assets of the firm…
2Cited by6 opinions
- Gray v. . GreenNew York Court of Appeals · 1894
- Coker v. NormanSupreme Court of Georgia · 1926
- Shammah v. ShammahNew York Supreme Court · 2008
- Small v. MullerAppellate Division of the Supreme Court of the State of New York · 1901
- Dixon v. Talerico, New York County Courts1928
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