Smith v. Adlerman
Appellate Terms of the Supreme Court of New York
Appeal by receiver from an order of the City Court of the city of New .York, directing payment in full of costs awarded in favor of respondent in a suit brought by receiver, thereby exhausting the funds in his hands without leaving any moneys to pay receiver’s compensation.
1Per curiam
The receiver’s commissions are part of the expense of administration, and are entitled to priority. Counsel fees, when allowable, are also part of the expenses of administration, but they should not be allowed for services in prosecuting an unsuccessful appeal, where, as here, the receiver did not obtain leave of the court to appeal. Utica Ins. Co. v. Lynch, 2 Barb. Ch. 573. The order must be reversed, and the application to pass the receiver’s account remitted to the court below for the purpose of fixing the compensation allowable to receiver under section 3320 of the Code of Civil…
2Cases cited1 opinion
- Utica Insurance v. LynchNew York Court of Chancery · 1848
3Cited by1 opinion
- Campbell v. NicholsWashington Supreme Court · 1927