People v. Bushwick Chemical Co. — 45 N.Y. St. Rep. 329

Majority

p. 329

The People, Pl’ffs, v. The Bushwick Chemical Co., Resp’t.

(Supreme Court, General Term, First Department,

Filed March 31, 1892.)

Headnote

Receiver—Discharge.

Where no property of a corporation has come into the hands of the receiver thereof, and the order appointing him has been vacated and set aside, he is entitled to his discharge.

Appeal by judgment creditors of defendant from order overruling exceptions to report of referee and discharging receiver.

0. B. ¡Smith, for app’lts; G. F. MacLean, for resp’t.

It appears among the findings of the referee that no property, assets, effects or books of said company came into the hands of said William Brookfield as receiver under the order of the supreme court of the city, county and state of New York appointing him receiver upon the application of the People of the state of New York. The evidence not being before the court, it must be assumed that it was sufficient to sustain the finding.

As no property of the corporation ever came into the hands of the receiver, and as the order appointing him receiver had been vacated and set aside, he was entitled to his discharge as receiver; and the order which discharged him and cancelled his bond should be affirmed, with ten dollars costs and disbursements.

Van Brunt, P. J., O’Brien and Ingraham, JJ., concur.