
    The People of the State of New York, Respondent, v. State Bank of Forestville, Defendant. In the Matter of the Accounting of Frank L. Smith, as Receiver of the State Bank of Forestville, Respondent. Title Guaranty and Surety Company, Appellant.
    
      People v. State Bank of Forestville, 170 App. Div. 937, affirmed.
    (Argued January 7, 1916;
    decided January 25, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July Y, 1915, which affirmed an order of Special Term surcharging the accounts of Frank L. Smith, as receiver of the State Bank of Forestville, removing said receiver and appointing another in his place. The principal questions were: Whether the receiver’s account was properly surcharged with $6,602.24, voluntarily paid to the receiver by a few stockholders of the bank, without warrant of law, and kept in a separate personal account by the receiver to await the result of legal proceedings that finally resulted in the defeat of the receiver; also, whether the receiver could be deprived of $6,005.96, awarded him as commissions by four different orders of the Supreme Court under the statute, without any showing that he had forfeited such commissions, or that such sums were not well earned and properly awarded to him, even if the court could withhold commissions for $1,043.0Y upon moneys thereafter collected.
    
      Adelbert Moot and William, L Marcy for appellant.
    
      Egburt E. Woodbury, Attorney-General (Walter F. Hofheins of counsel), for the People, respondent.
    
      Thomas C. Burke and A. F. Chapin for receiver, respondent.
   Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Hogan, Cardozo and Seabury, JJ.  