From Casetext: Smarter Legal Research

Davis v. Stover

Court of Appeals of the State of New York
Oct 6, 1874
58 N.Y. 473 (N.Y. 1874)

Opinion

Argued September 30, 1874

Decided October 6, 1874

Addison Brown for the appellant. Sutherland D. Smith for the respondent.


It is well established, that a receiver, executor or trustee, has the right to defray, out of the trust fund in his hands, expenses necessary for its protection, and where a debtor to the estate is employed to perform necessary services for its benefit, we see no objection to the trustee or receiver applying to the payment of the expense thus incurred the demand which he, as receiver or trustee, had against the person employed. The same result could be accomplished by paying the party for his services and immediately taking back the money so paid in satisfaction of the debt due to the estate. This would seem an idle ceremony. In either case the true point of inquiry would be the propriety and bona fides of the expenditure and the reasonableness of the amount paid.

The judgment should be reversed and a new trial ordered, with costs to abide the event.

All concur.

Judgment reversed.


Summaries of

Davis v. Stover

Court of Appeals of the State of New York
Oct 6, 1874
58 N.Y. 473 (N.Y. 1874)
Case details for

Davis v. Stover

Case Details

Full title:THEODORE M. DAVIS, Receiver, etc., Respondent, v . HENRY D. STOVER…

Court:Court of Appeals of the State of New York

Date published: Oct 6, 1874

Citations

58 N.Y. 473 (N.Y. 1874)

Citing Cases

U.S.T. Co. v. Stanton

The plaintiff, when it succeeded to the trust, did not assume any obligation created by any contract between…

Eames v. Bagg

Furthermore, we entertain no doubt that, under the circumstances of the case as presented by the record here,…