Heywood v. Thacher
New York Supreme Court
Appeal from special term, New York county. Action by Henry Heywood and others against William M. Thacher, as assignee of Richard S. Kingman, impleaded with said Kingman and others, to set aside the assignment and certain confessed judgments, and enforce collection of plaintiffs’ judgment against the assignor.
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Appeal from special term, New York county. Action by Henry Heywood and others against William M. Thacher, as assignee of Richard S. Kingman, impleaded with said Kingman and others, to set aside the assignment and certain confessed judgments, and enforce collection of plaintiffs’ judgment against the assignor. There was a decree for plaintiffs making their judgment a lien, appointing a receiver and a referee, and ordering the assignee to account for and turn over all the assigned estate to such receiver. From an order confirming the report of the referee the assignee appeals.
1Opinion of the CourtBarrett, J.
The accounting which was directed by the judgment was not a general accounting with respect to the assigned estate, but an accounting for the purpose of satisfying the plaintiffs’ claim. If the court had been *322informed, at the time the decree was made, that the assignee had in his hands, in money, more than sufficient to pay the plaintiffs’ judgment, an accounting need not have been ordered. In that case the decree would simply have required the assignee to pay the plaintiffs’ claim as adjudged. This distinction between a special accounting for the purpose of satisfying a particular claim and…
2Cases cited1 opinion
- In re Mink's EstateNew York Supreme Court · 1891
3Cited by2 opinions
- Dorney v. ThacherNew York Supreme Court · 1894
- Dorney v. ThacherNew York Supreme Court · 1894