Legal Opinion

West v. Swan

New York Court of Chancery

Decided August 22, 1840PublishedCited by 2 opinions

Motion for a receiver of certain sterling bonds before answer. The affidavit on which the application was founded merely showed that the defendant was not deemed a responsible man by those who knew him. The defendant deposed to his own solvency ; and added that he was worth, as he believed, ten thousand dollars after all his debts and liabilities were paid.

1Opinion of the Court

The Vice-Chancellor :

I think the rule is not to appoint a receiver before answer, especially where one is not prayed for in the bill: unless it clearly appears that there is danger to the property or fund by the insolvency of the party having possession of it or from some other cause: Edwards on Receivers, 15, 16. Here, the facts in the affidavit on which this motion is founded are explained by the affidavit on the part of the defendant; and they show no greater danger to the pro*421perty in the hands of the defendant now than there was when the same was first entrusted with him. There has been…

2Cited by2 opinions

  1. Loaiza v. Superior CourtCalifornia Supreme Court · 1890
  2. Turnbull v. Prentiss Lumber Co.Michigan Supreme Court · 1884

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