In Re the Assignment of Lewis
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming an order of a judge of that court denying a motion on behalf of George P. Upham and William W. Tucker, as trustees, etc., that the assignee for the benefit of creditors of John W. Lewis be required to pay from the assets in his hands as such assignee certain taxes upon premises mortgaged by the assignor to said trustees.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming an order of a judge of that court denying a motion on behalf of George P. Upham and William W. Tucker, as trustees, etc., that the assignee for the benefit of creditors of John W. Lewis be required to pay from the assets in his hands as such assignee certain taxes upon premises mortgaged by the assignor to said trustees. The facts sufficiently appear in the opinion. The taxes are debts due to the State by Lewis and the assignee, the parties against whom the lands were…
1Opinion of the CourtFinch, J.
The assignor in this case, in 1876, executed his bond and mortgage to Upham and Tucker, as trustees, to secure a debt due to them of $25,000. In 1879 he made a general assignment to John A. Davenport, in trust, to pay certain preferred creditors in full, or ratably, and out of any surplus remaining to pay the balance of his indebtedness in full, or so far as the assigned estate would allow. The mortgage contained a provision that, upon failure to pay interest or taxes, the whole mortgage debt, at the option of the creditor, should become due. That emergency arising, the mortgagees commenced…
2Cited by26 opinions
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- Reagan v. First National BankIndiana Supreme Court · 1901
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