Mentz v. Efficient Building Corp.

Order vacating appointment of receiver and order denying plaintiff’s motion to require receiver to account and pay over affirmed, with ten dollars costs and disbursements, upon the ground that the court had no power to extend the receivership in view of the fact that no action had been commenced by this plaintiff. Lazansky, P. J., Young and Hagarty, JJ., concur; Kapper and Scudder, JJ., dissent and vote to reverse, with the following memorandum: Mentz had a right in his action to a receiver without notice, and his utilization of the order obtained by Arville M. Turner had for its legal effect…