Harper v. Babcock — 146 N.Y.S. 1093

Majority

p. 1093

HARPER, Appellant, v. BABCOCK et al., Respondents.

(Supreme Court, Appellate Division, First Department.

April 9, 1914.)

Headnote

Appeal from Special Term, New York County. Action by George W. Harper, Jr., in behalf of himself and other stockholders of the Gilbert Manufacturing Company, against Francis E. Babcock and others. From an order denying a motion for a receiver of the assets of the Gilbert Manufacturing Company during the pendency of the action, plaintiff appeals.

Reversed, and motion granted.

George W. Harper, Jr., of New York City, in pro. per.

Ralph S. Rounds, of New York City, for individual respondents.

Herbert Barry, of New York City, for respondent trustees.

The order should be reversed, with $10 costs and disbursements to the plaintiff, payable out of the fund, and the motion granted, so far as to require the money now on deposit in banks in the city of New York to remain as deposited and not to be withdrawn, except on final judgment or the further order of the court.