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be paid to the attorney for your petitioner for the services rendered, and award him suitable compensation for the performance of his said duties, and for an order directing the payment of any moneys in his hands applicable thereto to those properly entitled, and relieving and discharging your petitioner as said receiver, and ordering his bond to be cancelled, and for such other and further order as may be just:
[Directions as under Form 748 and note.]
FORM No. 769. Notice of presentation of final account of corporation receiver.97 [Title of court and cause.] Notice to the creditors of and all persons interested in the R. & M.
Company: Please take notice that a full and accurate account, under oath, of all the proceedings of J. J. R., as receiver of the above-named corporation, will be presented to the Supreme Court of the State of New York, at a Special Term, [Part 1], thereof, to be held at the [County Court House, in the County of New York,] on the day of
19, at half past ten o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard; and that a motion will then and there be made, that the said account be allowed and decreed to be final and conclusive upon all the creditors of said corporation, and upon all persons who may have claims against it upon any open or subsisting engagements, and upon all stockholders of said corporation or other persons interested therein, that the court ascertain and fix the amount to be paid to the attorneys for the said receiver for their services and disbursements, and direct the payment of the same, and that the court direct the settlement of said account by reference or otherwise, and the payment of the moneys remaining in the hands of said receiver, after deducting the amount of his commissions and the expenses of said accounting, to those found to be entitled thereto as a final dividend; and that the same, so paid and distributed, the said receiver be discharged, his bond vacated and the sureties thereon released; or for such other relief as may be proper. Dated, New York,
Receiver of the R. & M. Co.
97 Publish once a week for three weeks in two newspapers in the
county where the corporation has its principal place of business. 2 R. S.
FORM No. 770.
Account rendered by receiver.98 [Title of court and cause.]
To the (Supreme Court of the State of New York]:
I, R. C., of , do hereby render the following account of my proceedings as receiver (or, both as temporary and as permanent receiver) of [the rents, issues and profits of the premises described in the complaint herein, which are known and designated as Nos.
avenue, in the city of I was appointed as such receiver by an order made and entered in the above entitled action, on
, 19 [State, seriatim, the facts as to administration of the trust, so far as material to explain and justify the account, referring in each case to any order authorizing the action taken, as thus:]
[Agency for collection.] I thereupon proceeded to appoint an agent for the collection of said rents, under the power vested in me by said order, and in the following statement of my account I have credited myself with the payment to said agent of per cent. commission upon all the moneys collected by him during the continuance of my said trust.
[Sale of uncollectible assets.] After having collected all the collectible assets except a disputed claim on a guaranty, which by leare of this court I compromised on receiving the sum of dollars, the remainder of the assets, pursuant to leave of this court first obtained by order entered herein on the day of , 19 , I sold at public auction at
, on the day of 19 , first giving due notice as is required by law in the case of execution sales (of personal property] by the sheriff sor, as was required by said order], a copy of which notice, with proof of posting and service, is hereto annexed and marked Schedule . At such sale all of said property was sold to the highest bidder for sums aggregating dollars.
[And so on with other transactions. ]
Schedule A hereto annexed contains a full, correct and true statement of all the moneys received or collected by me (or my said agent.
472, $ 87, as amendeu as to State paper by Executive Law, $ 74. Also, serve personally, or by mail, upon all known creditors, stockholders, and at torneys who have appeared for any persons in interest, including attornev-general.
The sureties on the receiver's bond must have notice of the accounting. Stratton r. City Trust Co., 86 App. Div. 551, 83 N. Y. Supp. 780.
98 As to periodical accounts required in cases of insurance, banking, and railroad corporations, see N. I. L. 1883, chap. 378, as amended by L. 1885, chap. 40, and L. 1896, chap. 139; People v. Knickerbocker L. Ins. Co., 18 Wkly. Dig. 492; Atty. Gen.
. Continental L. Ins. Co., 31 Hun, 623.
Schedule B hereto annexed contained a full, correct and true statement of all moneys expended by me in the execution of my said trust, together with the object of such expenditure.
[Continue with other schedules.]
All the receipts, statements and vouchers hereto annexed form part of this account.
I charge myself as follows:
Leaving a balance of....
which consists of [stating items, as cash in a designated trust company, or unrealized assets, etc.], to be distributed, subject, however, to the deduction of the amount of my commissions and the expenses of this accounting.
The said schedules, which are severally signed by me, are part of this account.
[If the account is presented upon published notice — see preceding Form — set forth notice and annex proof of publication and mailing; also set forth appearances received, and annex a schedule of all persons interested, as creditors, stockholders, etc.
[If the account is presented by petition and notice of motion, these matters showing jurisdiction to entertain the application need not be again shown in the account.]
Receiver. FORM No. 771.
Affidavit of receiver to his account. [Title of the cause.] R. C., of
the receiver of [the rents and profits of the estate in question] in this cause, being duly sworn, says:
I. That the foregoing account contains, according to the best of this deponent's knowledge and belief, a full and true account of all his proceedings as receiver of the (rents and profits of the said estates for the period of one year, ending on the
19 , being from the foot of his former account, and of the former rents returned by his said former account to be in arrear and unreceived at the time of the making up of the same]; that it contains a full and true account of all moneys which have
been received by this deponent, or any other person by his order, or for his use, (down to the day of
, 19 ;] that he has been charged therein for all moneys received by him and embraced within the period covered by said account, ] for which he is legally accountable; and that the moneys stated in said account as collected were all that were collectible, according to the best of his knowledge, information and belief.
II. That the several sums of money mentioned in the said foregoing account to have been paid or allowed, were actually paid or allowed by this deponent for on account of his receirership, and for the several purposes therein mentioned, according to the best of his knowledge and belief.
III. Thit the sums charged in the said account, for which no vouchers or other evidence of payment are produced, or for which he may not be able to produce vouchers or other evidences of payment, have actually been paid and disbursed by him as charged.
IV. That deponent does not know of any error or omission in the said foregoing account to the prejudice of any of the parties or other persons interested in the funds or in the cause. [Jurat.]
[Signature.] FORM No. 772. Order of reference to pass receiver's account. [The object of motion, or of the order, may be stated thus:] ORDERED, That , Esq., be and he is hereby appointed referee to take and state the accounts of R. C., as receiver of [state briefly the scope of the receivership], and to ascertain and report to the court what, if any, of the property and assets in question in this action remain undisposed of; and what are just allowances to said receiver for the costs and expenses of said receivership and his commissions, as well as for other disbursements and payments properly made by him, on account of said trust fund,99 and also to ascertain and report the amount to be paid to the attorneys for said receiver for their services and disbursements rendered to and on account of said receiver; and what is the balance in his hands after making such allowances? [where the receiver is in fault, and the motion is against him, add, with costs of this motion to be paid by said receiver personally).
99 See McLane r. Placerville, etc.. R. R. Co. (Cal., 1885), 6 Pac. Rep. 749, 759, and cases cited.
1 Other directions, convenient in various cases according to circum. stances, may be given, for instance:
“ | Where receirer has not yet filed his account.) That the said R. C. make and state his account as such receiver, before the said referee herein appointed, on [five] days' no tice of hearing to the judgment-cred
FORM No. 773.
Notice of hearing before referee. [Title of court and cause.] To the creditors of the R. & M. Company:
Please take notice that the final accounting of J. J. R., as (temporary and permanent] receiver of the R. & M. Company, will be made before A. S. N., Esq., the referee appointed to take and state the account, and that the first hearing before the said referee will take place at his office, No.
in the day of
19 at o'clock in the that you are required to present your claims against the said R. & J. ('ompany to the said referee, at his said office, at or before the time set as aforesaid for the first hearing. [Dated.]
J. J. R.,
Receiver. . [Name] Attorney for Receiver,
on the noon, and
FORM No. 774.
Objections to receiver's accounts.2 [Title of court and cause.] 11. N., il [judgment-creditor] of
for himself and others similarly situated, makes the following objections to the accounts of R. C., receiver herein, filed the
day of 19
[State them in detail.]3 [Date.]
[Signature and office address of
itors and others, named in this application.
** That said ... and all stockholders or other persons interested in said company, or in the due execution of said trust, be at liberty to appear by counsel before said referee, and object to and contest said accounts, or any part thereof, and to surcharge and to falsify the same, and to otier proof in respect thereto, if they be so advised.
“ That such notice of said proceedingy be given to all parties interested as the said referee may direct.”
See also the directions given in Form No. 782, post.
2 An unpreferred creditor secures no preference, although his objections to the account have resulted in preventing payment to a creditor claiming a preference. People r. Im. Loan & T. Co., 177 N. Y. 231, 457.
3 In case of ignorance the objec. tions may be as general as necessary, and the referee may allow the objector to examine the receiver, in order to enable him to make them more specific.