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Devine v. Melton

151 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1915-02-11 Docket No. 6889 English

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p. 1112
DEVINE v. MELTON et al.
(No. 6889.)
(Supreme Court, Appellate Division, First Department.
February 11, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Thomas F. Devine against Walter Melton and another. From an order granting temporary injunction and appointing a receiver, defendants appeal.
Modified and affirmed.
A. Rosenstein, of New York City, for appellants. John W. Hannon, of New York, for respondent.

The order appealed from should be modified, by striking out so much thereof as provides for the appointment of a receiver, and by providing that either party may hereafter apply for such appointment upon presenting proof that there may be danger of the loss of the fund. As so modified, the order is affirmed, without costs.