Van Buren v. Chenango County Mutual Insurance
New York Supreme Court
Motion by the receiver of the defendants to be allowed commissions on the value of the deposit notes surrendered by him under the order of the court. The receiver was appointed by the chancellor in September, 1845, and the order of appointment directed hinu “to collect, sue for and recover,” all the demands due to the company, including said notes.
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Motion by the receiver of the defendants to be allowed commissions on the value of the deposit notes surrendered by him under the order of the court. The receiver was appointed by the chancellor in September, 1845, and the order of appointment directed hinu “to collect, sue for and recover,” all the demands due to the company, including said notes. The receiver, after an investigation of the affairs of the company, ascertained that all the debts due from the company could be paid without the collection of the entire amount due on the deposit notes, and obtained an order from the Chancellor…
1Opinion of the CourtMason, J.
The statute provides that receivers shall, in addition to their actual disbursements, be entitled to such commissions as the court shall allow, not exceeding the sum allowed bylaw to executors or administrators. (2 R. S. 470, §76.) And the statute provides that the surrogate shall allow to executors or administrators, on the settlement of their accounts, for their services, over and above their expenses, the following sums, to wit: 1. For receiving and paying out all sums of money, not exceeding one thousand dollars, at the rate of five dollars per cent. 2. For receiving and paying out any…
2Cases cited4 opinions
- Cairns v. ChaubertNew York Court of Chancery · 1841
- Vanderheyden v. VanderheydenNew York Court of Chancery · 1830
- In re the Receiver of the City BankNew York Court of Chancery · 1843
- Pentz v. HawleyNew York Court of Chancery · 1845
3Cited by11 opinions
- American Malting Co. v. KeitelCourt of Appeals for the Second Circuit · 1913
- Devendorf v. BeardsleyNew York Supreme Court · 1857
- Shaughnessy v. Rensselaer InsuranceNew York Supreme Court · 1855
- Hyatt v. McMahonNew York Supreme Court · 1857
- In re HulbertNew York Court of Common Pleas · 1882
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