Anonymous v. Gelpcke
New York Supreme Court
Appeal from an interlocutory order, confirming a referee’s report and directing judgment in favor of tbe plaintiff, in an action brought for the settlement of his accounts as trustee, under a general assignment made for the benefit of creditors. A receiver, as an officer of the court, has a right to apply to the court for instructions in relation to the funds, when the question is as to what may be his duty under its orders. {Gurtiss v. Lemitt, 1 Abb.
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Appeal from an interlocutory order, confirming a referee’s report and directing judgment in favor of tbe plaintiff, in an action brought for the settlement of his accounts as trustee, under a general assignment made for the benefit of creditors. A receiver, as an officer of the court, has a right to apply to the court for instructions in relation to the funds, when the question is as to what may be his duty under its orders. {Gurtiss v. Lemitt, 1 Abb. Pr., 274; see Edwards on Receivers, 158; Irelmid v. Eade, 7 Beav., 55; S. 0., 13 L. J. [N. S.], [Oh.], 129; 8 How. [U. S.], 495 ; 2 Hill, 159.)…
1Opinion of the Court
DANIELS, J.:
A general assignment was made, on the 11th of June, 1863, by the firm of Gelpcke, Keutgen & Keichelt, to William Vogel, of all their property, for the benefit of their creditors. The assignee proved unable, for some reason, to give the security required by the provisions of the statute prescribing what it should be, and on an application made for that purpose, the court appointed the plaintiff and the defendant Joseph Herzfeld trustees to execute the trusts created by the assignment. Among the assets assigned, and which passed into the hands of the trustees under their appoint*250ment,…
2Cases cited6 opinions
- Brown v. . NicholsNew York Court of Appeals · 1870
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Warmer v. BlakemanNew York Court of Appeals · 1868
- Thatcher v. CandeeNew York Court of Appeals · 1866
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