Utica Insurance v. Lynch
New York Court of Chancery
This case came before the court upon exceptions of the receiver in this suit, to the report of the master, upon passing his accounts. By the decree, the receiver was directed to pass his accounts, and to pay over to the master the balance in his hands, to be disposed of according to the directions of the decree.
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This case came before the court upon exceptions of the receiver in this suit, to the report of the master, upon passing his accounts. By the decree, the receiver was directed to pass his accounts, and to pay over to the master the balance in his hands, to be disposed of according to the directions of the decree. It appeared that the receiver’s accounts commenced in 1831, and that the moneys received by him, between that time and 1839, when the amount in his hands, exclusive of interest, was paid over to the master, under the decree, were not kept separate, but were mingled with his own…
1Opinion of the Court
The Chancellor.
No question can arise upon these exceptions, as to whether Roberts was or was not appointed receiver in this cause. For he passed his account before the master, in his character of receiver, and under the provisions of the decree; which directed the receiver theretofore appointed in the cause, to pass his accounts and to pay over to the master the balance which should be found due from him, upon such accounting. And in both of his affidavits, produced before the master, his character of receiver, in relation to the fund for which he was to account, is distinctly recognized.…
2Cited by23 opinions
- United States v. ThomasSupreme Court of the United States · 1873
- Wheeler v. BoltonCalifornia Supreme Court · 1891
- Austin v. U.S. BankCourt of Appeals of Washington · 1994
- Perrin v. LepperMichigan Supreme Court · 1888
- Cannon v. AppersonTennessee Supreme Court · 1885
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