George C. v. Foster
The Superior Court of New York City
The plaintiffs appeal from an order made in this action, on the 12th of March, 1859, denying a motion made by them for an order, that Malcolm Campbell pay to them, upon a judgment which they have recovered in this court against said Mary E. Foster, $650, which said Campbell received as a receiver of the property and effects of said Mary E. Foster.
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The plaintiffs appeal from an order made in this action, on the 12th of March, 1859, denying a motion made by them for an order, that Malcolm Campbell pay to them, upon a judgment which they have recovered in this court against said Mary E. Foster, $650, which said Campbell received as a receiver of the property and effects of said Mary E. Foster. A. T. Stewart & Co., on the 3d of December, 1856. recovered a judgment in the New-York common pleas, against Mary E, Foster for $3,031. An execution on said judgment was duly issued and returned unsatisfied. Thereupon, on the 15th of April, 1857, an…
1Opinion of the Court
By the court—Bosworth, Ch. J.
The interest of Mary E. Foster in the unaccrued income of the fund, held in trust by Hoguet and Getty, is inalienable by her. (Clute agt. Bool, 8 Paige, 83; 1 R. S. 773, § 2; id. 729, § 63.)
The appointment of a receiver upon a creditor’s bill will not, per se, vest in the receiver a title to such income, though income may have accrued in the hands of the trustees prior to such appointment, and be in their hands when such appointment is made: (Degraw agt. Clason, 11 Paige, 136; 2 R. S. 174, §§ 41, 42.)
It can only be determined by action whether all of such income…
2Cases cited3 opinions
- Degraw v. ClasonNew York Court of Chancery · 1844
- Clute v. BoolNew York Court of Chancery · 1840
- Scott v. NeviusThe Superior Court of New York City · 1857
3Cited by5 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Tolles v. WoodNew York Court of Appeals · 1885
- In re the Judicial Settlement of a Final Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1926
- Hardenburgh v. BlairNew Jersey Court of Chancery · 1878
- In re HoytNew York Surrogate's Court · 1887