In re Warren E. Smith Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by The Warren E. Smith Company from 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 21st day of February, 1898, confirming the report of a referee appointed to take and state the accounts of Michael F. Shelley, temporary receiver of The Warren E. Smith Company, except from so much of said order as refuses to allow additional counsel fees to the attorney for the receiver.
1Opinion of the Court
Barrett, J.:
1 agree with Mr. Justice Ingraham that the amount of the receiver’s commission is governed by section 3320 of the Code of Civil Procedure. Section 16 of chapter 8 of part 3 of the Revised Statutes applies only to the receivers specified in that chapter, viz., *40permanent receivers. The whole of part 3 was repealed by chapter 245 of the Laws of 1880, with certain specified exceptions, among which was this section 76. At this time the act transferring to the Code the subject of voluntary dissolutions, and providing—■ seemingly for the first time — for the appointment of temporary…
2Cases cited4 opinions
- United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
- Wagstaff v. LowerreNew York Supreme Court · 1856
- In Matter of Assignment of HulburtNew York Court of Appeals · 1882
- Nealis v. . American Tube Iron Co.New York Court of Appeals · 1896
3Cited by15 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- In re the Dissolution of T. J. Ronan Paint Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- In Re the Accounting of Mercantile Trust Co.New York Court of Appeals · 1913
- Farmers' Loan & Trust Co. v. TurnerNew York Court of Appeals · 1926
- In re the Estate of RothNew York Surrogate's Court · 1967
10 more not listed; retrieve them via the Exa API.