Majority
p. 502The People of the State of New York, Respondent, v. Republic Savings and Loan Association, Defendant. Edward G. Riggs and Otto Kelsey, as Receivers of the Republic Savings and Loan Association, Appellants. Second Department, May 10, 1907.
Headnote
. Receivers protected by judicial accounting in foreign jurisdiction.Receivers of a corporation who have judicially accounted in other jurisdictions are protected by the decree which, if valid,- cannot be affected by the allowance of an -ofder permitting, an inquiry as to the acts and transactions of the receivers in the foreign jurisdiction.
Appeal by Edward Gr. Riggs and another, as receivers, etc., from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of- February, 1907, resettling a prior order,' as allows inquiry as to the acts and transactions off the receivers and their attorneys in ancillary jurisdictions, in so far as relates to the nature, kind and value . of the services rendered-and performed, the value thereof and thé amounts received.
p. 503
Albert T. Wilkinson [Russel 8. Johnson with him on the brief], for the appellants.
Frank II. Mott, Deputy Attorney- General [ William 8. Jaokr son, Attorney-General, with him on the brief], for the respondent.
Louis Frcmkel {Job E. Sedges with him on the brief], for Corporation Liquidating Company.
We should, not disturb the order. If the receivers have heretofore accounted in other jurisdictions, the order- would not preclude the receivers from reading decrees therein settling” such accounts, which, if valid, w’ould protect them herein and would halt any investigation in- transactions validated by such decrees. Further, if the receivers are protected against ancillary or collateral proceed- ■ ings by- orders of validity final in their character, this order cannot be used to. question or to attack such , adjudications. ■ These questions can all be presented to the referee and should be passed upon by him.
The order is affirmed, without costsi
Hooker, Gaynor, Rich and Miller, JJ., concurred.
Order, affirmed, without costs.