153 N.Y.S. 850 | N.Y. App. Div. | 1915
We have had so many phases of tnis controversy before us recently that we have become more than ordinarily familiar with it. That part of the order now before us on appeal, which directs a sale by the receiver of the assets of the bankrupt estate to satisfy his claim for compensation, must be reversed, under our recent decision in this case of March 26, 1915 (Hull v. Fifty-second Street Storage House, Inc., 166 App. Div. 739). By that decision we directed a settlement of the receiver’s accounts in this court. The receiver of this court was appointed
The order should be affirmed in so far as it settles the account of the receiver and fixes his commissions; it should be modified so far as it fixes the additional compensation of the receiver at $200, by reducing that compensation to the sum of $100; and it should be modified further by reducing the
Jenks, P. J., Thomas, Caer, Rich and Putnam, JJ., concurred.
Order affirmed in so far as it settles the account of the receiver and fixes his commissions; order modified so far as it fixes the additional compensation of the receiver at $200 by reducing that compensation to the sum of $100, and further modified by reducing the allowance for counsel fee to the sum of $250, exclusive of disbursements, without costs of this appeal. Order to be settled before the presiding justice.