General
George W. Harper, Jr., Suing in Behalf of Himself and Other Stockholders of the Gilbert Manufacturing Company, Appellant, v. Francis E. Babcock and Others, Individually and as Directors and Trustees of the Gilbert Manufacturing Company, and the Gilbert Manufacturing Company, Respondents
163 A.D. 843·New York Supreme Court, Appellate Division·1914·NY
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Opinion
George W. Harper, Jr., Suing in Behalf of Himself and Other Stockholders of the Gilbert Manufacturing Company, Appellant, v. Francis E. Babcock and Others, Individually and as Directors and Trustees of the Gilbert Manufacturing Company, and the Gilbert Manufacturing Company, Respondents.
Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 24th day of December, 1913, denying a motion for a receiver of the assets of the defendant Gilbert Manufacturing Company, during the pendency of the action.
[MAJORITY — Per Curiam:]
Per Curiam:
The order should be reversed, with ten dollars 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so far as to require the money now on deposit in banks in the city of Hew York to remain as deposited and not to be withdrawn except on final judgment or the further order of the court. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements to plaintiff, and motion granted to extent stated in opinion. Order to be settled on notice.