Finnin v. Malloy
The Superior Court of New York City
Appeal from a judgment entered upon a verdict of a jury, found for the defendant under the direction of the court. This action was brought to recover two hundred and fifty dollars damages for the wrongful conversion by the defendant, of a horse, the property of the plaintiff.
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Appeal from a judgment entered upon a verdict of a jury, found for the defendant under the direction of the court. This action was brought to recover two hundred and fifty dollars damages for the wrongful conversion by the defendant, of a horse, the property of the plaintiff. The defendant justified the taking, as being by and under the direction of one Felix V. B. Kennedy, who had been appointed a receiver of the property and effects of the plaintiff by the court of common pleas, in certain proceedings supplementary to execution in an action' pending in said last named court. On the trial,…
1Opinion of the Court
By the Court.—Spencer, J.
The order appointing Kennedy receiver was made under section 298 of the Code of Procedure, and its language conforms thereto. The first paragraph of section 298 provides that “ The judge may also by order appoint a receiver of the property of the judgment debtor.” The words of appointment in the order in question are as follows : “I do hereby order that Felix Y. B. Kennedy, of the city of New York, be and he hereby is appointed a receiver of the property of the said defendant.” Neither in the order, nor throughout section 298, is there any clause or language that…
2Cases cited2 opinions
- Griffin v. DominguezThe Superior Court of New York City · 1853
- Orr's CaseNew York Supreme Court · 1856