Pratt v. Rathbun
New York Court of Chancery
The bill in this case was filed by the assignees of B. Rathbun, who were also some of his preferred creditors, for a construction of the articles of assignment, and to have the several preferred and other creditors come in and establish their claims, under the assignment, as well to priority as otherwise.
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The bill in this case was filed by the assignees of B. Rathbun, who were also some of his preferred creditors, for a construction of the articles of assignment, and to have the several preferred and other creditors come in and establish their claims, under the assignment, as well to priority as otherwise. Most of the creditors were made parties, and suffered the bill to be taken as confessed ; some after appearance and some without having appeared in the cause ; and a general decree was made for all the creditors to come in and establish their claims before the master, who was also directed…
1Opinion of the Court
The Chancellor.
The petitioners show that they have a right to be placed in the class of preferred creditors, and 1 think the excuse is sufficient to entitle them now to come in and establish the facts before the master. In creditors’ suits, or others where the creditors are required to come in before a master and establish their claims under a decree, it is not the practice of this court to hold them to very strict terms as to the time when they shall come in and prove their debts ; so long as it can be done without injustice to other parties. And in this suit I have already permitted some…
2Cited by3 opinions
- People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879
- Warner v. HoffmanNew York Court of Chancery · 1846
- Peo. Ex Rel. Att. Gen. v. . SEC. L. Ins. and Ann. Co.New York Court of Appeals · 1879