From Casetext: Smarter Legal Research

Brody v. Samuel Mills

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1951
278 App. Div. 771 (N.Y. App. Div. 1951)

Opinion

April 9, 1951.


Action by a purchaser of stock for rescission of the contract and return of purchase money, and for money damages sustained as the result of fraud. Appeal from order made December 20, 1950, dismissed. Order made January 10, 1951, granting motion for reargument of motion for appointment of a receiver pendente lite and on such reargument adhering to the original determination appointing such a receiver, reversed on the law and the facts, with $10 costs and disbursements, and the motion for the appointment of a receiver denied, with $10 costs. The property of the corporation, of which receivership is sought, is not the subject of this action which, on the contrary, is concerned only with a judgment for money as against individuals. (Civ. Prac. Act, § 974; O'Mahoney v. Belmont, 62 N.Y. 133, 142; Central Union Trust Co. v. Northern Ins. Co., 217 App. Div. 482, 487; Mack v. Stanley, 74 App. Div. 145.) In addition, there is no showing that the property of the corporation is in the possession of an adverse party, nor that there is danger that it will be removed beyond the jurisdiction of the court, lost, materially injured or destroyed. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.


Summaries of

Brody v. Samuel Mills

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1951
278 App. Div. 771 (N.Y. App. Div. 1951)
Case details for

Brody v. Samuel Mills

Case Details

Full title:GEORGE BRODY, Respondent, v. SAMUEL MILLS, Defendant, and ARTHUR MILLS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 9, 1951

Citations

278 App. Div. 771 (N.Y. App. Div. 1951)

Citing Cases

Temple Judea of Manhasset, Inc. v. a B Roofing

A temporary receiver will not be appointed if the relief being sought is money damages. Brody v. Mills, 278…

Rosen v. Braun

Memorandum: These actions, in the nature of stockholders' and directors' derivative actions, are merely for…