Wise v. L. & C. Wise Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Simon Góldenberg from so much of an order of the Supreme: Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the- 10th day of July, 1896, as directs John S. McMaster, as ancillary receiver of the L: & 0. Wise Company, to pay to B. G; Monroe, as attorney for the receiver of taxes, a certain sum of money in settlement of the taxes due, from said corporation or said ancillary receiver, to said receiver of taxes.
1Opinion of the CourtIngraham, J.
Assuming that the receiver of taxes would be entitled to priority in the disposition of the funds of a corporation held by a receiver for the purpose of distribution among the creditors of - the corporation, the rules applicable to such a distribution do not apply in this case. Here the receiver took possession of this property subject to certain liens, the lienors being entitled to be paid the amounts of their liens out of the proceeds of the property before there was any distribution among the creditors of the corporation; The question is not between the creditors of the corporation…
2Cases cited4 opinions
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- Rundell v. . LakeyNew York Court of Appeals · 1869
- Barlow v. Saint Nicholas National BankNew York Court of Appeals · 1875
- Roraback v. StebbinsNew York Court of Appeals · 1866