Duffy v. Duncan
New York Supreme Court
THIS action was brought by the plaintiff in behalf of himself and all other creditors of one Joseph McMurray, who should come in and contribute towards the expense of the action, to compel an accounting by the defendants as assignees of McMurray for the benefit of creditors.
Read the full summary
THIS action was brought by the plaintiff in behalf of himself and all other creditors of one Joseph McMurray, who should come in and contribute towards the expense of the action, to compel an accounting by the defendants as assignees of McMurray for the benefit of creditors. The cause was referred to John L. Mason, Esq., by whom an account was stated and upon whose report a judgment was entered directing the payment by the defendants to the individuals named in the decree and declared entitled under the assignment, as creditors of McMurray; of $16,825.47 the balance of the trust fund…
1Opinion of the Court
By the Court,
Allen, J.
The objection taken by the defendants, in their first point, that the claims set up in their answer for expenses and disbursements by and demands made against them were counter-claims, and no reply having been put in, that they stood admitted and could not be controverted, was not taken upon the trial and cannot now be urged. But if it had been taken it would have been unavailing. The matters referred to were in discharge of the defendants, and not counter-claims against the plaintiff. {Code, §§ 149,150.)
The defendants next insist that the referee should, on their…
2Cases cited4 opinions
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Meacham v. SternesNew York Court of Chancery · 1842
- Groshon v. LyonNew York Supreme Court · 1853
- Utica Insurance v. LynchNew York Court of Chancery · 1845
3Cited by9 opinions
- In the Matter of the Accounting of DeanNew York Court of Appeals · 1881
- Cowing v. HowardNew York Supreme Court · 1866
- Brown v. BacheAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of KennedyNew York Surrogate's Court · 1890
- Bruen v. GilletNew York Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.