In Re the Accounting of Hone
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23,1896, which affirmed an order of the Monroe County Court. The nature of the order and the facts relating thereto are stated in the opinion. The County Court had no power to order the receiver to pay the proceeds of the draft to Swanton and Acker, after he had distributed the same to the judgment creditors whom he represented.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23,1896, which affirmed an order of the Monroe County Court. The nature of the order and the facts relating thereto are stated in the opinion. The County Court had no power to order the receiver to pay the proceeds of the draft to Swanton and Acker, after he had distributed the same to the judgment creditors whom he represented. (Becker v. Torrance, 31 N. Y. 631; Goddard v. Stiles, 90 N. Y. 199 ; Code Civ. Pro. § 2450 ; In re Potter, 44 Hun, 197; Frees v. Ford, 6 N. Y. 176.)…
1Opinion of the CourtO’Brien, J.
The receiver has appealed from an order which directed him to account and pay over to Swanton and Acker the sum of $1,920, less commissions, being the amount that came to his hands under the following circumstances: He was appointed the receiver of one Lighthouse on or about the 13th of May, 1895, in proceedings supplementary to execution, instituted by a judgment creditor. The receivership was subsequently extended to other judgments.
It appears that Lighthouse, the judgment debtor, had a contract with the United States post office department for furnishing certain mail pouches, and that at…
2Cases cited4 opinions
- Goodman v. NiblackSupreme Court of the United States · 1881
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- York v. . CondeNew York Court of Appeals · 1895
- Randall v. CarmanNew York Supreme Court · 1895
3Cited by2 opinions
- Barnes v. CourtrightNew York Supreme Court · 1902
- Levison v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915