Legal Opinion

In re Eagle Iron Works

New York Court of Chancery

Decided May 19, 1840PublishedCited by 4 opinions

This was an appeal from an order of the vice chancellor of the first circuit, confirming the master’s report of the appointment of receivers of the Eagle Iron Works, upon a voluntary dissolution of that corporation. It appeared from the petition, for the dissolution of the company, that the corporation was insolvent.

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This was an appeal from an order of the vice chancellor of the first circuit, confirming the master’s report of the appointment of receivers of the Eagle Iron Works, upon a voluntary dissolution of that corporation. It appeared from the petition, for the dissolution of the company, that the corporation was insolvent. Upon the reference to the master to appoint a receiver, or receivers, some of the creditors nominated N. Waterbury, the late president, and S. Leeck, the book-keeper of the company, for such receivers ; and the appellants, who claimed to be a majority of the creditors, nominated…

1Opinion of the Court

The Chancellor.

The solicitor for the appellants mistook the practice of the court, in supposing that it was proper to file exceptions to the master’s report of his appointment of the receivers. Where it is referred to a master to report a proper person to be appointed a receiver of the property of a defendant, or of a corporation, or the committee of an idiot or a lunatic, and to approve of sureties to be given by such receiver or committee, the appointment is not complete until it is confirmed by the special order of the court. But where the master is directed to appoint a receiver, and to…

2Cited by4 opinions

  1. Wetter v. SchlieperNew York Court of Common Pleas · 1854
  2. In re E. M. Boynton Saw & File Co.New York Supreme Court · 1884
  3. In re PageNew York Court of Common Pleas · 1877
  4. Lottimer v. LordNew York Court of Common Pleas · 1855

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