Camp v. Receivers of the Niagara Bank
New York Court of Chancery
This was an application for an order requiring the recéivers to pay the costs of a suit at Jaw prosecuted in the name of the President, Directors and Company of the Bank of Niagara against the petitioners, and in which the plaintiffs were nonsuited at the trial.
1Opinion of the Court
The Chancellor.
Although the suit against the petitioner was commenced under the direction of the officers of the bank and was at issue before the appointment of the receivers, yet as the receivers elected to go on with that suit for the benefit of the fund, it is equitable that they should pay the whole previous costs, as well as those which accrued after they assumed the control of the suit. (Masse v. Gillelan, 1 Paige, 644.) If the receivers did not think it for the interest of the creditors to run the risk of having the costs charged upon the fund, they should have abandoned the suit, and…
2Cases cited1 opinion
- Massey v. GillelanNew York Court of Chancery · 1829
3Cited by7 opinions
- In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Columbian Insurance Co. v. . StevensNew York Court of Appeals · 1868
- In re the Estate of FriedlanderAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Accounting of BatyiNew York Surrogate's Court · 1948
- In re Bank of United StatesAppellate Division of the Supreme Court of the State of New York · 1932
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