Foley v. Foley

Although the receiver acquired whatever title the judgment debtor had in the annuities at the commencement of this supplementary proceeding, there are issues of fact in respect of the extent of that title as to which appellant is entitled to have a plenary trial, particularly in view of the receiver’s failure to surrender the annuity contracts. In the circumstances the court should not have made the summary order commanding appellant to pay the cash surrender values of sixteen annuities. The further direction contained in the order requiring appellant to deliver to the receiver the eight…