New York Court of Appeals

Peter A. Ward, as Receiver of the Property and Effects of Norman Petrie, Respondent v. Norman Petrie and Flora…

November 22, 1898157 N.Y. 301

Summary

The New York Court of Appeals held that a receiver appointed in supplementary proceedings lacks authority to bring an action at law for damages arising from a fraudulent conspiracy to prevent collection of a judgment creditor's debt. The statutory provisions governing receivers do not confer such a right, which is confined to the judgment creditor, and the receiver's capacity to sue does not waive the lack of a cause of action.