Barnes v. . Newcomb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the January term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the January term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought against defendant, as receiver of the Atlantic Mutual Life Insurance Company, to recover for services rendered by plaintiff’s firm as attorneys and counselors for said company in opposing the application for the appointment of receiver, and upon appeals to the General Term from the order making the appointment…
1Opinion of the CourtBapallo, J.
We are of opinion that for the services rendered by the plaintiff to the corporation after the appointment of the receiver, an action against the receiver cannot be maintained. The company, or its officers, could not after that date subject the fund in the hands of the receiver to any legal liability. For its indebtedness to the plaintiff, incurred before the appointment of the receiver, the plaintiff has been permitted to recover. For that incurred afterward he was not permitted to recover.
The plaintiff seeks to avoid this difficulty, and to make his claim for services rendered after the…
2Cited by34 opinions
- Anderson v. Great Republic Life Insurance Co.California Court of Appeal · 1940
- Pacific States Savings & Loans Co. v. HiseCalifornia Supreme Court · 1945
- Equitable Life Assur. Soc. of the United States v. WinningCourt of Appeals for the Eighth Circuit · 1893
- Attorney-General v. North American Life InsuranceNew York Court of Appeals · 1883
- Godley v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1917
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