Campbell v. Genet
New York Court of Common Pleas
Appeal from a j udgment entered upon a report of Hamilton W. Robinson, Esq., referee; in favor of the plaintiff. The action was brought by the plaintiff, as receiver of Mary E. Foster, appointed by a judge of this court upon supplementary proceedings founded on a judgment, recovered against her in favor of A. T. Stewart & Co., for over $3,000. The complaint alleged .that the defendant, acting as agent for Miss Foster, had received from the trustees, under her father’s will,…
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Appeal from a j udgment entered upon a report of Hamilton W. Robinson, Esq., referee; in favor of the plaintiff. The action was brought by the plaintiff, as receiver of Mary E. Foster, appointed by a judge of this court upon supplementary proceedings founded on a judgment, recovered against her in favor of A. T. Stewart & Co., for over $3,000. The complaint alleged .that the defendant, acting as agent for Miss Foster, had received from the trustees, under her father’s will, money's which he had not paid over or accounted for, and asked to have the amount in his hands paid over to the receiver…
1Opinion of the Court
By the Court, Brady, J.
Supplementary proceedings were commenced against Mary E. Foster on the 15th of April, 1857. The plaintiff was, in those proceedings, -appointed a receiver on the 18th of June, 1857. The debtor was entitled to the income arising from the sum of $30,000 under the will of her father, and the defendant had acted as her agent in collecting or receiving it for her from the trustee, Anthony Hoguet. The plaintiff alleged that the defendant had so received from Mr. Hoguet, between the 5th of February, 1856, and the 1st of May, 1857, the sum of $3,956.12, and had paid over to…
2Cases cited5 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Farnham v. CampbellNew York Court of Chancery · 1844
- Degraw v. ClasonNew York Court of Chancery · 1844
- Browning v. BettisNew York Court of Chancery · 1841
- McCoun v. DorsheimerNew York Court of Chancery · 1839
3Cited by8 opinions
- Windecker v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Collins v. ConnellyAppellate Terms of the Supreme Court of New York · 1925
- Norcross v. HollingsworthNew York Supreme Court · 1894
- Graff v. BonnettThe Superior Court of New York City · 1863
- Atkinson v. SewineNew York Court of Common Pleas · 1871
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