Butt v. Peck
New York Court of Common Pleas
Appeal by the plaintiff from a judgment dismissing the com-. plaint on the trial. This action was brought by the plaintiff, as receiver of the defendants, Blashford, Clark, and Hall,., appointed in supplementary proceedings at the instance of certain creditors, to set aside an assignment made by Blashford, Clark, and Hall, for the benefit of their creditors.
Read the full summary
Appeal by the plaintiff from a judgment dismissing the com-. plaint on the trial. This action was brought by the plaintiff, as receiver of the defendants, Blashford, Clark, and Hall,., appointed in supplementary proceedings at the instance of certain creditors, to set aside an assignment made by Blashford, Clark, and Hall, for the benefit of their creditors. The parties having rested, the cause was submitted to the judge (Beady, J.) who found as a conclusion of law, that the assignment, and all the trusts and provisions thérein contained were good and valid. The reasons for his decision are…
1Opinion of the Court
By the Court.
Brady, J.
I adhere to the opinion expressed at special term in relation to that clause of -the assignment which provides for the payment by the assignee of the just and reasonable expenses, costs, and charges, and commissions of executing and carrying into effect the assignment, and all reasonable and proper charges for attorney and counsel fees respecting the same. I deem it proper to say, in addition, that the case of Dunham v. Waterman, 17 N. Y. Rep. 9, was not published when that opinion was written, and that I consider this distinguishable from that case. The assignees of…
2Cases cited1 opinion
- Dunham v. . WatermanNew York Court of Appeals · 1858
3Cited by5 opinions
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Ellis H. Roberts & Co. v. BuckleyNew York Supreme Court · 1894
- In re Santa Eulalia Silver Mining Co.New York Supreme Court · 1888
- Norton v. MatthewsThe Superior Court of the City of New York and Buffalo · 1894
- Willey v. ReynoldsCourt Of Appeals Of Indian Territory · 1899