Legal Opinion

In re Merry

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1896Published

Appeal from special term, Onondaga county. Final judicial settlement of the accounts of A. D. Merry, receiver in supplementary proceedings of the property of Dwight Wilcox.

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Appeal from special term, Onondaga county. Final judicial settlement of the accounts of A. D. Merry, receiver in supplementary proceedings of the property of Dwight Wilcox. From an order confirming the report of a referee appointed to determine the amount necessary to satisfy the judgment under which the receiver was appointed, and directing the receiver to pay the referee’s fees, and, on receipt of the balance due on the judgment, to convey to said Wilcox the property held by the receiver, said Wilcox appeals.

1Opinion of the CourtHardin, P. J.

In October, 1894, the First National Bank of Syracuse recovered a judgment in the supreme court against Dwight Wilcox for $609.13. Thereafter supplementary proceedings were instituted upon the judgment, and the judgment debtor appeared before the referee appointed by Judge Vann, and was examined concerning his property; and thereafter notice was given to him of an application for the appointment of a receiver, and he appeared before Judge Vann by counsel, and his counsel assented to the appointment of A. D. Merry as receiver. The receiver was required to execute a bond, and file it with the…

2Cases cited6 opinions

  1. Bostwick v. . MenckNew York Court of Appeals · 1869
  2. Cumming v. EgertonThe Superior Court of New York City · 1863
  3. O'connor v. New York & Yonkers Land Improvement Co.New York Court of Common Pleas · 1894
  4. Devendorf v. DickinsonNew York Supreme Court · 1861
  5. Merry v. WilcoxNew York Supreme Court · 1895

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