Legal Opinion

Megowan v. Peterson

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1905Published

Appeal from Trial Term, Kings County. Action on a note by James Megowan and another against Charles G. Peterson. From a judgment for plaintiffs, and an order denying a new trial, defendant appeals. Reversed.

1Opinion of the CourtHirschberg, P. J.

On the 4th day of December, 1899, the surviving member of the firm of Johnson & Peterson called a meeting of the creditors of the firm, and those then assembled executed a paper appointing the defendant as sole agent and trustee to assume control and management of the business. The firm represented by the plain*612tiff was one of the creditors, and its firm name was duly signed to the document. At the same meeting another paper was executed by the surviving member of the firm of Johnson & Peterson, by which the assets of the firm were transferred to the defendant as trustee for the creditors. The…

2Cases cited7 opinions

  1. Megowan v. . PetersonNew York Court of Appeals · 1902
  2. Olpherts v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
  3. Olpherts v. SmithAppellate Division of the Supreme Court of the State of New York · 1900
  4. Megowan v. PetersonAppellate Division of the Supreme Court of the State of New York · 1901
  5. Muller v. . PetersonNew York Court of Appeals · 1903

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