New York Court of Appeals
Charles Bostwick, Jr.
June 11, 186940 N.Y. 383
Summary
The Court held that a receiver appointed in supplementary proceedings may recover only an amount sufficient to satisfy the judgment for which he was appointed, together with costs, and that an order for extra allowance of costs based on the value of the fraudulent assignment exceeds that limit. Accordingly, the judgment of the lower court was reversed and a new trial ordered, unless the plaintiff consents to a reduced judgment equal to the Dolan judgment plus costs. A concurrence agreed with the result but added further discussion of the receiver's limited authority and the impropriety of the extra costs award.