Duffy v. . Duncan
New York Court of Appeals
Appeal from the Supreme Court, first district. The defendants are the general assignees of Joseph McMurray, for the benefit of creditors, and the plaintiff is one of the creditors in the first preferred class.
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Appeal from the Supreme Court, first district. The defendants are the general assignees of Joseph McMurray, for the benefit of creditors, and the plaintiff is one of the creditors in the first preferred class. The action is brought by the plaintiff, on behalf of himself and all others having a like interest, who may come in and contribute to the expenses of the action, for the purpose of compelling an account by the said assignees, and payment of the sums due to the plaintiff and others. The defendants answered, acknowledging the trust, and setting forth an account of their receipts and…
1Opinion of the CourtLeonard, J.
1. The appellants insist that the claims for expenditures set up in their answer are counterclaims, and no reply having been interposed, are to be deemed as admitted by the plaintiff, and conclusive without further proof. These claims are not demands against the plaintiff. Ho judgment could have been taken therefor against him. They are claims only as to the disposition of money with which the defendants admit themselves otherwise to be chargeable. They are not counterclaims, and required no reply.
2. The appellants insist that the decretal order for an accounting in the case of Ellen Traynor…
2Cases cited1 opinion
- Meacham v. SternesNew York Court of Chancery · 1842
3Cited by9 opinions
- In the Matter of the Accounting of DeanNew York Court of Appeals · 1881
- Shelley v. . CodyNew York Court of Appeals · 1907
- Berwick v. HalseyNew York Surrogate's Court · 1878
- In re the accounting of ScottNew York Court of Common Pleas · 1877
- Bruen v. GilletNew York Supreme Court · 1887
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