Legal Opinion

Waite v. F. J. Kaldenberg Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1897PublishedCited by 1 opinion

Appeal by Clarence Lexów, as the permanent receiver of the F. J. Kaldenberg Company, from an order of the Supreme Court,made at the New York Special Term and'entered in the office of the clerk of the county of New York on the 24th day of December, 1896, allowing to Amelia Gorman,- as executrix, etc., of John J. Gorman, deceased, late sheriff of New York county, sheriff’s fees and keeper’s Charges. -

1Opinion of the Court

Patterson, J.:

• On this record as it comes before us, it is apparent that the sherill’s charges for keeper’s fees were improperly allowed. The receiver took possession, of the property of the .defendant on or about the 'fth of April, 1893; he made an inventory and put .two persons employed by him in charge of the property. It would seem that the sheriff’s claim for the fees of the three persons said to have been employed by-him as keepers is-for services of such keepers, subsequent to the receiver taking possession. There is no satisfactory proof of any kind, as against this receiver, that…

2Cited by1 opinion

  1. Class-Wheeler, Inc. v. Roma Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1959

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