In re the Assignment of Bieber
Appellate Division of the Supreme Court of the State of New York
Appeal by William Liebermann, as assignee of Joseph Bieber and another foi' the benefit of creditors, from an order of the Supreme Court, made at the Dew York Special Term and. entered in the office of the clerk of the county of Dew York on the 10th day of July, 1899, denying the motion of the said assignee to discontinue the proceeding to remove him and compel him to account.
1Opinion of the Court
Rumsey, J. :
Every question which is presented upon this motion was determined by the order made upon the former motion which was affirmed in this court. Do leave to renew the motion was asked, and the Earned justice below might well have denied this application for the reason that it was substantially a renewal of a former motion without leave, even under the liberal rule laid down in Riggs v. Pursell (74 N. Y. 370). .It is claimed, however, by the appellant that a new element has been brought into the case, because of the judgment in this court in the action brought by the trustee in…
2Cases cited1 opinion
- Riggs v. . PursellNew York Court of Appeals · 1878
3Cited by1 opinion
- In re General Assignment of Henry Thoesen & Bro.Appellate Division of the Supreme Court of the State of New York · 1901