In re Maxwell
New York Supreme Court
Appeal from Montgomery county court. Final accounting by Edward J. Maxwell, as assignee, etc., of John Reddish. The assignee appeals from that part of the judgment and de-cree charging him with certain alleged assets, for which he failed to charge himself in his account, and also from a refusal of said court to allow such assignee certain claims made by him for allowances and counsel fees, •costs, and disbursements claimed to have been incurred by him in the prosecution of…
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Appeal from Montgomery county court. Final accounting by Edward J. Maxwell, as assignee, etc., of John Reddish. The assignee appeals from that part of the judgment and de-cree charging him with certain alleged assets, for which he failed to charge himself in his account, and also from a refusal of said court to allow such assignee certain claims made by him for allowances and counsel fees, •costs, and disbursements claimed to have been incurred by him in the prosecution of his trust. The First National Bank of Amsterdam, a •creditor, appeals from that part of the decree of the court, as…
1Opinion of the CourtMayham, P. J.
The principal questions in controversy on the appeal ■arise out of the decree of the county court on the accounting of the assignee, who failed to charge himself, in the account filed, with certain items of wool, and a buggy, embraced in the inventory filed by the assignee. The inventory price of this wool was $1,101.34, and the inventory price of the buggy was $70. The account, as filed, was objected to by the First National Bank of Amsterdam, a creditor of the assignor, having an interest in assigned estate, and the assignee’s account was surcharged by the bank with the amount of these…
2Cases cited4 opinions
- Collier v. . MunnNew York Court of Appeals · 1869
- Nichols v. . McEwenNew York Court of Appeals · 1858
- In re Bank of NiagaraNew York Court of Chancery · 1836
- Campbell v. . WoodworthNew York Court of Appeals · 1862
3Cited by4 opinions
- Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
- W. S. F. Tatum v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1929
- In re Level Club, Inc.District Court, S.D. New York · 1931
- In re MaxwellNew York Supreme Court · 1893