Devendorf v. Dickinson
New York Supreme Court
These two motions are to compel the plaintiffs, receivers of insolvent insurance companies, to pay the judgments in favor of the defendants in the several actions above entitled, with the costs of these motions. The plaintiffs, as receivers, in their defence to the motions, set up that they have no means in their hands to pay the said judgments.
1Opinion of the Court
Potter, Justice.
The receiver brings these actions in his representative capacity, and the judgments for costs are chargeable only upon the fund which he represents, unless the court shall direct the plaintiff personally to pay the judgment for mismanagement or bad faith in the action. (Code, § 317.) There is no evidence in the above cases that the court so ordered in the judgments themselves. In deciding these motions it becomes necessary to take a slight . review of the office and duties of this officer.
The receiver, in contemplation of law, is an indifferent person, and is appointed by the…
2Cases cited2 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Parker v. BrowningNew York Court of Chancery · 1840
3Cited by3 opinions
- In re Final Settlement of the Accounts of MerryAppellate Division of the Supreme Court of the State of New York · 1896
- In re MerryAppellate Division of the Supreme Court of the State of New York · 1896
- Vietor v. Richards Co.City of New York Municipal Court · 1897