In re Smith
New York Supreme Court
In re assignment of Clinton H. Smith. Application to compel assignee to pay claim of petitioner.
1Opinion of the CourtMcADAM, J.
The petitioner was nothing more than an ordinary salesman, traveling and selling goods in a particular territory selected by the assignor, and his compensation consisted exclusively of commissions earned upon the sales he effected. It is conceded by the schedule of the assignee that the petitioner is entitled to $747.72, and this is the amount he claims. The only question is whether he is entitled to a preference over the general creditors of the assignor, under Laws 1897, c. 266, amending Laws 1877, c. 466, § 29. This act provides that “in all assignments made in pursuance of this act, the…
2Cases cited7 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- In re New York Locomotive WorksNew York Supreme Court · 1893
- Brown v. A, B, C Fence Co.New York Supreme Court · 1889
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