Kelly v. Moore — 77 N.Y.S. 1130

Majority

p. 1130

KELLY, Appellant, v. MOORE et al., Respondents.

(Supreme Court, Appellate Division, First Department.

June, 1902.)

Headnote

Action by Jennie Kelly against Edward M. Moore and others. From an order denying plaintiff’s motion for an order sustaining exceptions, the plaintiff appeals. Modified and affirmed. J. Fromme, for appellant. P. Eagan, for respondents.

We do not think the receiver was justified in appointing an agent to collect the rents under the facts disclosed in this case. The objection to the account allowing the receiver the amount paid to the agent for collecting the rents in question, namely, $40.52, should therefore have been sustained. The order appealed from is therefore modified by sustaining the exceptions, so far as this sum of $40.52 is concerned, and charging the receiver with that amount, and, as so modified, affirmed, without costs.