General
Agnes Florian Mullin, Individually and as Executrix, etc., of Francis B. Mullin, Deceased, Respondent, v. R. Jerome Mullin, Individually and as Surviving Partner of Francis B. Mullin & Brother, Appellant
201 A.D. 863·New York Supreme Court, Appellate Division·1922·NY
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Opinion
Agnes Florian Mullin, Individually and as Executrix, etc., of Francis B. Mullin, Deceased, Respondent, v. R. Jerome Mullin, Individually and as Surviving Partner of Francis B. Mullin & Brother, Appellant.
[MAJORITY]
Order reversed upon the law and facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Upon all the papers the facts presented do not warrant the appointment of a receiver pendente lite. The proof must be clear and convincing before such a drastic íemedy is applied in advance of the trial. Blaekmar, P. J., Jaycox, Manning, Kelby and Young, JJ., concur.