In re the Assignment of Goldsmith
New York Court of Common Pleas
Appeal from an order of this court vacating an order for the examination of the assignors and assignee, and for the production of the books of the assignors, under a general assignment for the benefit of creditors.
Read the full summary
Appeal from an order of this court vacating an order for the examination of the assignors and assignee, and for the production of the books of the assignors, under a general assignment for the benefit of creditors. The assignment was made by Jacob Goldsmith and Lewis Goldsmith, comprising the firm of J. Goldsmith & Co., to Leopold Wertheimer, on November 1st, 1881. An order for the examination of the assignors and assignee and the production of the books of the assignors was obtained by E. E. Hudge, Sawyer & Co., creditors, upon a petition and affidavits showing that at various times from…
1Opinion of the CourtBeach, J.
This is an appeal from an order vacating an order for the production of books and the examination of the assignors and assignee before a referee. The examination was originally directed upon papers showing no reason therefor, except what might arise from facts tending to show fraud in conducting the business and making the assignment. It is plain, a proceeding founded upon such statements must be in hostility to the assignment. If upheld, a marked inconsistency would be apparent. The act is entitled “ An Act in relation to assignments of the estates of debtors for the bene*114fit of creditors ”…
2Cited by2 opinions
- In re the General Assignment of Rutaced Co.Appellate Division of the Supreme Court of the State of New York · 1910
- In re the General Assignment of WilkinsonNew York Supreme Court · 1885