In re the Assignment of Everit
New York Court of Common Pleas
Application for ah order for the examination of the books of an assignor in a general assignment for the benefit of creditors. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
Section 21 was intended to afford to creditors a ready means of tracing property which ought to be applied to the payment of the assignor’s debts, and as was said by Chief Justice Daly in the Matter of Burtnett (8 Daly, 363), “ to aid in the administration of the assignment.” It is altogether foreign to the purposes of the legislature to compel the assignee to produce the assignor’s books, in order to enable a creditor to extract evidence therefrom that will aid him in a litigation, existing or contemplated, not relating to the assigned estate. An insolvent is under no greater obligation than…
2Cases cited1 opinion
- In re the General Assignment of BurtnettNew York Court of Common Pleas · 1879
3Cited by2 opinions
- Schneider v. AltmanCity of New York Municipal Court · 1885
- Schneider v. AltmanCity of New York Municipal Court · 1885