Brinckerhoff v. Holland Bldg. Ass'n

U.S. Circuit Court for the District of Southern New York

Brinckerhoff v. Holland Bldg. Ass'n

121 F. 1022, 1903 U.S. App. LEXIS 5393

CourtU.S. Circuit Court for the District of Southern New York

DecidedFebruary 20, 1903

StatusPublished

This text of 121 F. 1022 (Brinckerhoff v. Holland Bldg. Ass'n) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brinckerhoff v. Holland Bldg. Ass'n, 121 F. 1022, 1903 U.S. App. LEXIS 5393 (circtsdny 1903).

Pincite

Opinion

LACOMBE, Circuit Judge.

Every creditor and every stockholder of the building association was duly notified of this hearing, and with a single exception not one of them interposes any objection, while both defendants likewise assent. The single objector is a judgment creditor to the amount of 87,000, and no proceedings here taken should be allowed to interfere with [1023]*1023or reduce his security. If parties interested will file a hond In the amount of §7,500, conditioned to make good whatever loss he may sustain by reason of his being deprived of any remedy available to him against property of the association, which has been taken possession of by the receiver, the motion will be granted, and receiver continued. If no such bond is filed within one week, the motion will be denied, the temporary receivership vacated, and the receiver heretofore appointed by this court directed to turn over all property in his possession to the receiver who has subsequently been appointed by the state court.

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LACOMBE, Circuit Judge.

Every creditor and every stockholder of the building association was duly notified of this hearing, and with a single exception not one of them interposes any objection, while both defendants likewise assent. The single objector is a judgment creditor to the amount of 87,000, and no proceedings here taken should be allowed to interfere with [1023]*1023or reduce his security. If parties interested will file a hond In the amount of §7,500, conditioned to make good whatever loss he may sustain by reason of his being deprived of any remedy available to him against property of the association, which has been taken possession of by the receiver, the motion will be granted, and receiver continued. If no such bond is filed within one week, the motion will be denied, the temporary receivership vacated, and the receiver heretofore appointed by this court directed to turn over all property in his possession to the receiver who has subsequently been appointed by the state court.

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Bluebook (online)

121 F. 1022, 1903 U.S. App. LEXIS 5393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinckerhoff-v-holland-bldg-assn-circtsdny-1903.