Hyperlawhypertext legal database Kene v. Hill 72 N.Y.S. 1113

← Cases

Kene v. Hill

72 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1901-11-15 English

Contents

Majority

p. 1113
KENE v. HILL et al.
(Supreme Court, Appellate Division, Second Department.
November 15, 1901.)

Headnote

Suit by Emma C. Kene, as executrix, etc., of Cornelius E. Kene, deceased, against Rosalie Hill and others. From an order appointing a receiver in supplementary proceedings, certain defendants, as trustees, appeal.
Reversed.
William L. Snyder, for appellants. William P. Burr, for respondent.

Without passing on the merits, we reverse this order, and grant the motion to vacate the order of June 20, 1901, without costs, and without prejudice to the renewal of the motion for the appointment of a receiver, to be made before the judge as authorized by section 2464 of the Code of Civil Procedure. The order of June 20th appointing the receiver in supplementary proceedings was granted by the supreme court, and the injunction contained in it is broad enough to include the appellants as grantees in the deed of trust, and to justify their action in the premises.