Butler v. Butler's Diner, Inc.

This is a receiver’s petition for instruction as to whom and according to what priority he should distribute among the creditors two funds, one in the amount of $1,015.61 realized from his operation as receiver of the business of Butler’s Diner, Inc., and the other in the amount of $5,476.27 obtained from the sale of all of its assets in liquidation. At the hearing in the superior court Anderton Realty Company, landlord of the premises on which the business was conducted, and James C. Carr, mortgagee of all personal property of the debtor, each claimed prior rights in the second fund. The…