Claim of Guardian Savings Institution v. Bowling Green Savings Bank
New York Supreme Court
APPEAL' from. an order directing a reference of a claim in controversy between the receiver of the Guardian Savings Institution and the receiver of the Bowling Green Savings Bank, for $58,000 and upwards. The original claim was made against Shepherd F. ■ Knapp, receiver of the Bowling Green Savings Bank, with an offer to refer it under the statute, and said receiver refused to refer or pay the claim.
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APPEAL' from. an order directing a reference of a claim in controversy between the receiver of the Guardian Savings Institution and the receiver of the Bowling Green Savings Bank, for $58,000 and upwards. The original claim was made against Shepherd F. ■ Knapp, receiver of the Bowling Green Savings Bank, with an offer to refer it under the statute, and said receiver refused to refer or pay the claim. On proof of the claim, and of said refusal, Jeremiah Quinlan, receiver of the Guardian, applied to this court for leave to sue. the receiver of the Bowling Green Savings Bank on the claim. The…
1Opinion of the Court
By the Court, Ingbaham, P. j.
In this case claims were presented by the receiver of the Guardian Savings Instituti'oh against the receiver of the Bowling Green Savings Bank, and the Special Term ordered the receiver of the Bowling Green Savings Bank to enter into an agreement to refer ; and in'case of a refusal, referring it to some person to settle the form of such agreement, and to cause the receivers to sign the same.
There can be no doubt of the power of the court over receivers appointed by it, to .control them in the settlement of all claims against the property they hold; and, as…
2Cited by4 opinions
- Weeks v. CornwallNew York Supreme Court · 1887
- Bedell v. North America Life InsuranceNew York Court of Common Pleas · 1877
- Brein v. LightAppellate Terms of the Supreme Court of New York · 1902
- People v. RemingtonNew York Supreme Court · 1887