Ryan v. Rand
City of New York Municipal Court
Appeal by the plaintiff from a -judgment entered upon the dismissal of the complaint at the trial. Richard W. Ryan sued Thomas B. Rand to recover §262.30 for services of the plaintiff as stenographer. The defendant was appointed a receiver of the Ross-more Hotel, in an action brought in the Supreme Court by Iluldah II. Clapp against Robert C. Clapp and others. The court afterwards ordered a reference to state the defendant’s accounts as receiver.
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Appeal by the plaintiff from a -judgment entered upon the dismissal of the complaint at the trial. Richard W. Ryan sued Thomas B. Rand to recover §262.30 for services of the plaintiff as stenographer. The defendant was appointed a receiver of the Ross-more Hotel, in an action brought in the Supreme Court by Iluldah II. Clapp against Robert C. Clapp and others. The court afterwards ordered a reference to state the defendant’s accounts as receiver. Charles P. Crosby, as the attorney for the defendant, represented him upon the reference. The plaintiff is a stenographer, and as such took notes of…
1Opinion of the Court
McAdam, Ch. J.
The trial judge erred in holding that the defendant was not individually liable for the services rendered upon his accounting as receiver. The rule is that a person employed by a trustee, receiver, general assignee, executor or administrator in matters pertaining to the execution of the trust, must look to the person employing him, individually, for his compensation, as the contract does not bind the estate he represents. The title to the trust property vests in these different officials, and they must account for it to the persons ultimately entitled to distribution.
They are…
2Cases cited6 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Willcox v. SmithNew York Supreme Court · 1858
- Bonynge v. . FieldNew York Court of Appeals · 1880
- Newton v. . HarrisNew York Court of Appeals · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cake v. MohunSupreme Court of the United States · 1896
- Sager Manufacturing Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- American Surety Co. v. McDermottNew York Court of Common Pleas · 1893
- Wolf v. LoveringCourt of Appeals for the Second Circuit · 1908
- Wickham v. SternCity of New York Municipal Court · 1889