Attorney-General v. . Continental Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 11, 1882, which reversed two orders of Special Term, directing payment by the receiver of defendant, the Continental Life Insurance Company, of a balance claimed to be due Charles H. Winfield for fees as referee. John J. Anderson, a former receiver of said company, made claim against its assets for compensation as receiver and for an allowance for counsel fees,-etc.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 11, 1882, which reversed two orders of Special Term, directing payment by the receiver of defendant, the Continental Life Insurance Company, of a balance claimed to be due Charles H. Winfield for fees as referee. John J. Anderson, a former receiver of said company, made claim against its assets for compensation as receiver and for an allowance for counsel fees,-etc. The matter was referred to Mr. Winthrop to take proofs and report the same to the court with his opinion. After the…
1Opinion of the CourtRapallo, J.
Ordinarily a referee must look for his fees to the party who takes up the report, and not to the adverse party. (Geib v. Topping, 83 N. Y. 46.) In this case the party in whose favor the report was made, being a receiver appointed by the court, whose legal expenses are properly payable out of the fund, the court had power in the first instance to order the referee’s fees paid directly out of the fund, but it was matter of discretion whether or not it would make such an order. For this reason, as well as for the further reason that the order appealed from was based largely on a question of…
2Cases cited1 opinion
- Geib v. . ToppingNew York Court of Appeals · 1880
3Cited by6 opinions
- Morrow v. McMahonAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of WaxNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of Proceedings of DunnAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Judicial Settlement of the Accounts of EllisNew York Surrogate's Court · 1893
- Estate of HurdNew York Surrogate's Court · 1893
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