In re the Assignment of Kaughran
New York Court of Common Pleas
Appeal from an order of this court removing an assignee under a general assignment for benefit of creditors. The facts are stated in the following opinion rendered on the application for the removal of the assignee at the Special Term, January, 1886.
1Opinion of the CourtJ. F. Daly, J.
This application is not based upon any charge of improper conduct on the part of the assignee, subsequent to his acceptance of the trust, but upon the ground that Ms business relations with certain judgment creditors of the assignors, whose judgments are questioned by some of the general creditors, are incompatible with the performance of Ms duties as assignee.
The creditors rvbo petition for the removal of the assignee, state that they desire to attack the validity of the judgment recovered by H. B. Claflin & Co., for $32,410.21, obtained on January 6th, 1886, the day before the assignment,…
2Cases cited4 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Bridenbecker v. JohnsonNew York Supreme Court · 1858
- Ross v. BridgeNew York Supreme Court · 1862
- Ross v. BridgeNew York Supreme Court · 1862
3Cited by1 opinion
- Sweetser v. SmithNew York Supreme Court · 1889