In re the General Assignment for the Benefit of Creditors of Jamaica Concrete Corp.

By order dated October 22, 1940, there was appointed a temporary receiver of the assets of Jamaica Concrete Corporation (hereinafter called Jamaica). The appointment was made in an action brought by a stockholder of the corporation, among other things, to enjoin corporate waste. On July 30, 1941, Jamaica executed an assignment for the benefit of its creditors. The assignee who qualified thereinder now applies for an order directing the temporary receiver to turn over to him all of the assets and properties of the corporation.

The only real opposition to the motion comes from the plaintiff in…