Ryckman v. Parkins
New York Court of Chancery
This was an application, on the part of the complainant, for an order requiring the receiver appointed in this case, to pay, out of the fund in his hands, interest on the judgment for the satisfaction of which this suit was brought; and also the complainant’s reasonable counsel fees, which he had expended in the prosecution of the suit.
Read the full summary
This was an application, on the part of the complainant, for an order requiring the receiver appointed in this case, to pay, out of the fund in his hands, interest on the judgment for the satisfaction of which this suit was brought; and also the complainant’s reasonable counsel fees, which he had expended in the prosecution of the suit. The judgment was obtained in an action of slander, in January, 1833, and the execution xvas returned, nulla bona, a few days thereafter» The bill in this cause was filed on the 21st of February, in the same year, and an order for the appointment of a receiver…
1Opinion of the Court
The Chancellor.
There is no foundation whatever for the claim for payment of the complainant’s counsel fees, out of the fund which belongs to the defendant, or to his other judgment creditors. If the receiver has employed any of the *545Complainant’s counsel to assist him in the recovery or protection of the fund, in the performance of which services they have acted as his counsel, and not in the character of solicitors or counsel for the complainant, they must look to the receiver for payment. As a general rule, however, the receiver is not allowed to employ the solicitors of either of the…
2Cited by16 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
- Lewis v. GaillardSupreme Court of Florida · 1915
- Farmers' Loan & Trust Co. v. GreenCourt of Appeals for the Fifth Circuit · 1897
11 more not listed; retrieve them via the Exa API.