Nathan Borock, as Receiver of Voges Manufacturing Company, Inc., Radar Holding Corporation and Fred W. Voges v. City of New York

GALSTON, District Judge.

This is an appeal by a receiver, appointed by the district court, from a judgment entered below on October 17, 1958, dismissing the receiver’s action to recover certain real estate taxes paid to the City of New York during the time that the receiver was in possession of the property taxed. The non-suit was, however, without prejudice and based upon the prematurity of the action.

There appears to be no dispute as to the material facts herein; indeed the action was submitted to the court below upon an agreed statement of facts. In brief, appellant-receiver was appointed…