Saratoga Chancery Court, 1841

Wilson v. Naile

Wilson v. Naile
Saratoga Chancery Court · Decided January 25, 1841
1 Sarat. Ch. Sent. 5; 1841 N.Y. LEXIS 331

Counsel

O. Sherwood for complainant., W. H. Harrison for defendant.

Wilson v. Naile

Opinion of the Court

In this case it was decided that where a receiver, under color of his office, improperly attempts to interfere with the rights of third persons, this court has power to control his proceedings or to compel him to make restitution or may permit the party thus injured by its officer to proceed at law against him for such injury; but that this court will not allow two proceedings to be carried on for the purpose of obtaining satisfaction for the same act. Order of the vice-chancellor modified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.