O'Mahoney v. . Belmont
New York Court of Appeals
Appeals by Thomas J. Barr, receiver, etc., from orders of the General Term of the Superior Court of the city and county of New York ; the one affirming an order of Special Term settling the accounts of said Barr as receiver, and the other directing him to pay over to defendant Lucke the amount.found in his hands upon such settlement.
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Appeals by Thomas J. Barr, receiver, etc., from orders of the General Term of the Superior Court of the city and county of New York ; the one affirming an order of Special Term settling the accounts of said Barr as receiver, and the other directing him to pay over to defendant Lucke the amount.found in his hands upon such settlement. The complaint in this action alleged that the plaintiff had deposited $19,592.44 in gold, with the defendants; that the defendants, at his request, drew and delivered to him certain bills of exchange, on London, payable to the order of John O’Leary; that such…
1Concurrence
By the order of the court, the receiver who had rendered an account of the moneys received by him in this action was directed to pay over the same to the defendant Lucke, from whom they were received, and also to pay the referee's fees upon the accounting. As the action has been dismissed, and the plaintiff has failed to maintain it, there would, under ordinary circumstances, appear to be no question as to the propriety of refunding the money to the party from whom it was received. The right, however, of the receiver to retain possession of the money is sought to be maintained on several…
2Cases cited2 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- Milwaukee & St. Paul Railroad v. Milwaukee & Minnesota RailroadWisconsin Supreme Court · 1865