Woerz v. . Schumacher
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21, 1899, modifying and, as modified, affirming a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement does not provide for interest either on the sums paid to the former receiver, or on the moneys expended in the management and sale of the property. (37 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21, 1899, modifying and, as modified, affirming a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement does not provide for interest either on the sums paid to the former receiver, or on the moneys expended in the management and sale of the property. (37 App. Div. 378; Lewis v. W. L. Co., 14 N. Y. S. R. 302; Rodgers v. Clement, 15 App. Div. 561; Sandford v. Barney, 50 Hun, 108;…
1Opinion of the CourtO’Brien, J.
The controversy in this case is between the plaintiff, who represents the trustees of an insolvent savings bank, and one of the defendants, who is the receiver of the same bank. About the year 1876 the institution failed and was put into the hands of a receiver, who distributed the assets and was subsequently discharged. The present receiver is his successor, appointed apparently for the purposes of this action to administer assets of the bank which have been realized since the discharge of the first receiver.
The action is one in equity for an accounting between the plaintiff, as the…
2Cases cited2 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Mower v. KipNew York Court of Chancery · 1834
3Cited by41 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- City of New York v. StateNew York Court of Appeals · 1976
- In Re the Estate of JanesNew York Court of Appeals · 1997
- Kenin's Trust Estate (No. 1)Supreme Court of Pennsylvania · 1941
- In Re the Appraisal Under the Transfer Tax Act of the Trust Estate Held for the Life of O'BerryNew York Court of Appeals · 1904
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