Matter of Garver
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1903, which affirmed an order of Special Term denying a motion for the appointment of a referee to hear and determine disputed claims. On or about October 11, 1895, J. B. Brewster & Co. executed an instrument in writing purporting to be a general assignment for the benefit of creditors, with preferences, to John A. Garver, appellant in this proceeding.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1903, which affirmed an order of Special Term denying a motion for the appointment of a referee to hear and determine disputed claims. On or about October 11, 1895, J. B. Brewster & Co. executed an instrument in writing purporting to be a general assignment for the benefit of creditors, with preferences, to John A. Garver, appellant in this proceeding. Under such instrument Garver took possession of the property of J. B. Brewster & Co., consisting of machinery, fixtures,…
1Opinion of the Court
Parker, Ch. J.
The banks which are respondents herein were judgment creditors of J. B. Brewster & Go., a corporation which made a general assignment for the benefit of creditors, with preferences. An action was brought by one in behalf of all in aid of their outstanding executions, praying that as against plaintiff the assignment and all preferences therein should be declared null and void as to leviable property. J udgment was granted for the relief asked for in the complaint and a receiver was appointed, and was authorized to and did take control of the property from the assignee.
Subsequently…
2Cases cited2 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Mills v. . ParkhurstNew York Court of Appeals · 1891
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- Grizzard v. FiteTennessee Supreme Court · 1916
- Martin Music Co. v. RobbCalifornia Court of Appeal · 1931
- Howard v. J. P. Paulson Co.Utah Supreme Court · 1912
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