Painter

This suit was brought to obtain a new trial of the case of the defendant The J. B. Painter Company, against the defendant Colton as receiver of the late firm of Painter & Co., in which judgment had been entered for the plaintiff therein for the sum of $11,085.73; and also to enjoin the execution of the judgment against property in the hands of the receiver. The suit referred to had been brought on a contract executed—with the approval of the court in which the receivership was pending—by Colton, as receiver to The J. B. Painter Company. To this suit the plaintiff herein and the firm of Painter & Co. (not the defunct corporation, but a new firm of the same name, composed of this plaintiff and his brother Milton) were originally parties defendant with the receiver. But, on the trial, on their motion, the case was dismissed as to them, on the ground that a sufficient cause of action against them had not been proved. Thereafter, judgment was entered against the receiver, as above stated, which is the judgment - from which plaintiff in this present action seeks relief. A demurrer to the complaint was sustained, and judgment entered for defendants.

The sole grounds on which plaintiff’s…