Turner v. Henshaw, Rec.

Remy, J. —

Proceeding by Frederick R. Henshaw, Jr.,, Receiver of the Hudson Motor Indemnity Exchange, being a petition for authority to institute suit against appellants on a note executed by appellant James N. Turner and to foreclose a real estate mortgage executed by appellants. The court trying the cause found the facts specially and stated its conclusions of law thereon in favor of petitioner, but the order authorizing suit on the note did not specify as to whether the suit was to be instituted by Henshaw as receiver of the Hudson Motor Indemnity Exchange or as receiver of the Hudson…