Strauss v. Casey Mach. & Supply Co.

• Decision Date: 04 April 1905
• Citation: 69 N.J.E. 19,60 A. 402
• Parties: STRAUSS et al. v. CASEY MACHINE & SUPPLY CO. et al.
• Court: New Jersey Court of Chancery

60 A. 402

69 N.J.E. 19

STRAUSS et al.

v. CASEY MACHINE & SUPPLY CO. et al.

Court of Chancery of New Jersey.

April 4, 1905.

Suit by Simon Strauss and others against the Casey Machine & Supply Company and others. On order to show cause why the accounts of Henry D. Leslie, receiver of defendant corporation, should not be confirmed, and receiver discharged. Referred to master.

An order to show cause why the account of Henry D. Leslie, receiver in this cause, should not be confirmed, and said receiver discharged, was brought to hearing and heard in December last. An examination of the files of the court discloses that there was a decree of insolvency of the defendant company in September, 1890, and Leslie was appointed receiver. On July 18, 1891, the receiver filed an account, to which no exception appears to have been taken. On September 3, 189", the receiver filed another account, and by an order as of September 30, 1895, the accounts were referred to a master, to audit and report upon. The master's report was filed October 4, 1897. To his report Jeremiah Casey, a stockholder, filed "protests and exceptions" not signed by solicitor or by counsel or by himself. No motion was made to take from the files the socalled protests and exceptions, which were expressed in objectionable language. There was no motion to confirm the master's report immediately made. On October 18, 1900, an order to show cause was made (on an affidavit of Jeremiah Casey), requiring the receiver to show cause why he should not give a correct, complete, and full report as receiver; why his report before rendered should not be set aside, as incomplete, insufficient, and incorrect; and why the master's report thereon should not be set aside and refused confirmation. Other matters were also included in the order. The matter was heard December 10, 1900. A memorandum of conclusions was filed January 2, 1901. On February 1, 1901, the order to show cause was discharged; and, on motion on behalf of the receiver, the master's report was confirmed, and an allowance to the receiver for his services was made. By the report which was thus confirmed it appeared that after the allowance for receiver's services there was a balance of cash in the receiver's hands of $1,272.66. On October 3, 1904, the receiver filed an account as a final account, and asked for its confirmation and for his discharge from his trust. By this account the receiver has charged himself with the balance of $1,272.66, and with no other receipts or collections, and claims allowance for disbursements made by him to a greater amount. There was an order to show cause, with a direction for notice, etc.

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