Wilkinson v. Dobbie
U.S. Circuit Court for the District of Northern New York
In equity. This was a motion for a preliminary injunction and the appointment of a receiver. The bill set forth the appointment of the plaintiffs [Alfred Wilkinson and others] as trustees of the estate and effects of White, Barnard & Page, who were adjudicated bankrupts on the petition of creditors, filed on the 24th of July. 1S78, and that an assignment by the bankrupts, pursuant to law, of all their estate, real and personal, was made to the plaintiffs.
Read the full summary
In equity. This was a motion for a preliminary injunction and the appointment of a receiver. The bill set forth the appointment of the plaintiffs [Alfred Wilkinson and others] as trustees of the estate and effects of White, Barnard & Page, who were adjudicated bankrupts on the petition of creditors, filed on the 24th of July. 1S78, and that an assignment by the bankrupts, pursuant to law, of all their estate, real and personal, was made to the plaintiffs. It then stated: “That, for some time prior to the 22d of April, 1873, the defendant Alanson S. Page, one of the bankrupts, was the…
1Opinion of the Court
WALLACE, District Judge.
So far as this motion is predicated upon the alleged fraudulent or preferential transfer of the vessel, the complainants should not prevail upon the facts as they appear upon the hearing. An injunction will not be granted, or a receiver appointed, where, upon the. hearing of the motion, it is not apparent that the ultimate determination of the suit in favor of the complainants is reasonably probable. The defendants fully meet and deny all the allegations of the bill as to this branch of the case, and support their denial by affidavits and exhibits which strongly…
2Cases cited2 opinions
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Hopper v. HopperNew York Court of Chancery · 1844
3Cited by7 opinions
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1923
- Adams Co. v. BuchananSouth Dakota Supreme Court · 1920
- La Follette v. NobleThe Superior Court of the City of New York and Buffalo · 1895
- People ex rel. Batchelor v. BaconAppellate Division of the Supreme Court of the State of New York · 1899
- Wright v. SkinnerDistrict Court, S.D. New York · 1905
2 more not listed; retrieve them via the Exa API.