In re Final Settlement of the Accounts of Merry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dwight Wilcox, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the cleric of the county of Oswego on the 19th day of May, 1896, confirming the report of a referee appointed to determine the amount necessary to satisfy the judgment under which the receiver was appointed, and directing the receiver to pay the expenses of such reference, and ten dollars costs, “ out of any moneys in his hands, or which…
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Appeal by the defendant, Dwight Wilcox, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the cleric of the county of Oswego on the 19th day of May, 1896, confirming the report of a referee appointed to determine the amount necessary to satisfy the judgment under which the receiver was appointed, and directing the receiver to pay the expenses of such reference, and ten dollars costs, “ out of any moneys in his hands, or which may hereafter come into his hands as such receiver,” and directing the receiver, upon receipt of the balance due upon…
1Opinion of the Court
Hardin, P. J.:
In October, 1891, the First Rational Bank of Syracuse recovered a judgment in the Supreme Court against Dwight Wilcox for $609.13. Thereafter supplementary proceedings were instituted upon the judgment, and the judgment debtor appeared before the referee appointed by Judge Vann, and was examined concerning his property, and thereafter notice was given to him of an application for the appointment of a receiver, and he appeared before Judge Vann by counsel, and his counsel assented to the appointment of A. D. Merry as receiver. The receiver was required to' execute a bond, and…
2Cases cited4 opinions
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Devendorf v. DickinsonNew York Supreme Court · 1861
- Merry v. WilcoxNew York Supreme Court · 1895