In Matter of Petition of Cohn
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and comity of Now York, affirming an order of a judge of said court removing Thomas F. Wentworth from his position as assignee of William B. Burtnett for the benefit of creditors. The facts appear sufficiently in the opinion. The assignee could only be removed on the ground of misconduct, incompetency or failure to file an inventory.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and comity of Now York, affirming an order of a judge of said court removing Thomas F. Wentworth from his position as assignee of William B. Burtnett for the benefit of creditors. The facts appear sufficiently in the opinion. The assignee could only be removed on the ground of misconduct, incompetency or failure to file an inventory. (Laws 1877, chap. 466, \ 6.) The assignee ivas not incompetent within the meaning of the statute. (Emerson v. Bowers, 14 N. Y., 449; Qoope v. Loioerre, 1 Barb. Ch., 45; In re…
1Opinion of the CourtEarl, J.
These were proceedings for the removal of an assignee under the act chapter 466 of the Laws of 1877, as amended by chapter 318 of the Laws of 1878. Such proceedings in the city of New York are required to be conducted before a judge of the Common Pleas ; and in section twenty-two of the act, as amended, it is provided that all proceedings under the act shall be deemed to be had in court; that the court shall always be Open for such proceedings; and that the judge when acting in such proceedings shall be deemed to be acting as the court. It is also provided that all orders or decrees in such…
2Cited by3 opinions
- In Re the Accounting of CornellNew York Court of Appeals · 1888
- Elias v. SchweyerNew York Supreme Court · 1896
- Oliver v. FrisbieNew York Surrogate's Court · 1885