90 N.Y.S. 681 | N.Y. App. Div. | 1904
The Harlem River Bank failed, and in an action brought on behalf ®f the People for a dissolution of the corporation, David B. Siekels was appointed permanent receiver and duly qualified as such. At the time of the failure the applicant was a depositor in the bank, and there stood upon its books to her credit $1,011.39. Her claim to this amount was duly proved before the receiver, and she was paid her proportionate share of the funds which came into the receiver’s hands.
About October 27, 1898, and while Siekels was acting as receiver
The order, however, should provide that the applicant be charged with a proportionate amount of the costs and expenses of the litigation which has resulted in the production of the fund, and as thus
Van Brunt, P. J., O’Brien and Laughlin, JJ., concurred: Patterson, J., concurred in result.
Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent.