Gass v. Linch — 123 N.Y.S. 1117

Majority

p. 1117

GASS v. LINCH.

(Supreme Court, Appellate Division, First Department.

June 24, 1910.)

Headnote

Appeal from Special Term, New York County. Action by John Gass against George Linch, as receiver, etc., to compel the defendant to pay judgment, or in lieu thereof that plaintiff have judgment against the property of the debt- or. From a judgment for plaintiff, the receiver appeals.

Reversed.

Charles E. Chalmers, for appellant.

Carlisle J. Gleason, for respondent.

We do not think that the plaintiff presented such a condition of the affairs of the receivership as entitles him to a summary order directing that an execution issue. The claim can be more satisfactorily disposed of on the final accounting. The order should therefore be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.