West v. Swan
New York Court of Chancery
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
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Turnbull v. Prentiss Lumber Co.Michigan Supreme Court · 1884