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Scott v. Silberberg

Appellate Division of the Supreme Court of New York, First Department
May 7, 1937
251 App. Div. 27 (N.Y. App. Div. 1937)

Opinion

May 7, 1937.

Appeal from Supreme Court of New York County.

Charles S.M. First of counsel [ Leon W. Gibson, attorney], for the appellant.

Milton D. Clausen, for the receiver, respondent.

Present — MARTIN, P.J., O'MALLEY, UNTERMYER, DORE and COHN, JJ.


The court order appointing the receiver provided that he "shall not incur obligations in excess of the moneys in his hands without the further order of this Court." Accordingly, plaintiff may not now be called upon to reimburse the receiver for advances made or obligations incurred by the latter, when there are insufficient funds in the receiver's hands at the termination of the receivership to meet those charges.

The order, in so far as appealed from, should be reversed, with twenty dollars costs and disbursements, and the motion that plaintiff be directed to pay the deficit of $332.83 incurred by the receiver denied.


Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and motion denied.


Summaries of

Scott v. Silberberg

Appellate Division of the Supreme Court of New York, First Department
May 7, 1937
251 App. Div. 27 (N.Y. App. Div. 1937)
Case details for

Scott v. Silberberg

Case Details

Full title:C. AUGUSTA SCOTT, Appellant, v. SAM SILBERBERG and Others, Defendants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 7, 1937

Citations

251 App. Div. 27 (N.Y. App. Div. 1937)
295 N.Y.S. 190

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