Ecker v. Myer

Following my opinion in this matter (Ecker v. Myer, 118 Misc. Rep. 356) two orders have been presented to me for signature, one permissive and the other mandatory. Section 792 of the Civil Practice Act provides for a permissive order and limits the application to one made “ before the appointment of a receiver.” Here the application is by a creditor to compel an insurance company to pay the cash surrender value of a policy of life insurance to a receiver. The sole question now is, should a mandatory order issue pursuant to the provisions of section 793 of the Civil Practice Act? That section…