Royce v. Ziegfeld

Appellate Division of the Supreme Court of New York

Royce v. Ziegfeld

222 A.D. 694

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1927·No. Appeal No. 2·Published·Cited by 1 cases

Opinion

Order appointing a receiver and enjoining defendants reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The action is one at law and the facts do not entitle the plaintiff to a receiver. (O’Mahoney v. Belmont, 62 N. Y. 133, 142; Central Union Trust Co. v. Northern Insurance Co., 217 App. Div. 482, 487; Mack v. Stanley, 74 id. 145; Civ. Prac. Act, § 974.) Young, Kapper and Carswell, JJ., concur; Lazansky, J., concurs in result; Hagarty, J., dissents.

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Order appointing a receiver and enjoining defendants reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The action is one at law and the facts do not entitle the plaintiff to a receiver. (O’Mahoney v. Belmont, 62 N. Y. 133, 142; Central Union Trust Co. v. Northern Insurance Co., 217 App. Div. 482, 487; Mack v. Stanley, 74 id. 145; Civ. Prac. Act, § 974.) Young, Kapper and Carswell, JJ., concur; Lazansky, J., concurs in result; Hagarty, J., dissents.

Royce v. Ziegfeld, 222 A.D. 694 (N.Y. Ct. App. 1927).

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