In Re the Accounting of Peck
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1912, which affirmed a final decree entered upon the report of a referee in an accounting of an assignee for creditors, bringing up for review an interlocutory judgment entered October 4, 1911, upon the submission of a controversy to said Appellate Division under section 12‘79 of the Code of Civil Procedure: The facts, so far as material, are stated in the…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1912, which affirmed a final decree entered upon the report of a referee in an accounting of an assignee for creditors, bringing up for review an interlocutory judgment entered October 4, 1911, upon the submission of a controversy to said Appellate Division under section 12‘79 of the Code of Civil Procedure: The facts, so far as material, are stated in the opinion. The assignor, Girard N. Whitney, is individually liable for the full amount of appellant’s judgments, with…
1Opinion of the CourtChase, J.
On and prior to January 16, 1908, Guard 27. Whitney and James V. Geraghty were partners conducting a stock brokerage business in the city of 27ew York under the firm name of Whitney & Kitchen. On that day they made a general assignment of all their partnership property to Bayard L. Peck as assignee for the equal benefit of all their partnership creditors. On January 25, 1908, each of said partners made a general assignment of all his individual property to the same assignee. It was provided in each of said individual assignments that the said assignee after paying the expenses of the…
2Cases cited22 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Castle v. BullardSupreme Court of the United States · 1860
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Creed v. . HartmannNew York Court of Appeals · 1864
- Wilder v. KeelerNew York Court of Chancery · 1831
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3Cited by51 opinions
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- Williams v. HartshornNew York Court of Appeals · 1946
- Caplan v. CaplanNew York Court of Appeals · 1935
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- Sperry Products, Inc. v. Association of American RailroadsCourt of Appeals for the Second Circuit · 1942
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