King v. Corning Trust Co.

The authority of a receiver in supplementary proceedings to bring an action is purely statutory, and unless the complaint alleges sufficient facts to satisfy the statutory requirements it does not state a cause of action.

The receiver is appointed by the court. (Civ. Prac. Act, § 805.) And upon qualifying the property of the judgment debtor vests in him. (Civ. Prac. Act, § 809.) Unless restricted by the special order of the court, he may sue for and collect all debts and demands belonging to the debtor. He may also sue in the name of the debtor, where it is necessary or proper for him to do…