Matter of Garver
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1903, which affirmed an order of Special Term denying a motion for the appointment of a referee to hear and determine disputed claims. On or about October 11, 1895, J. B. Brewster & Co. executed an instrument in writing purporting to be a general assignment for the benefit of creditors, with preferences, to John A. Garver, appellant in this proceeding.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1903, which affirmed an order of Special Term denying a motion for the appointment of a referee to hear and determine disputed claims. On or about October 11, 1895, J. B. Brewster & Co. executed an instrument in writing purporting to be a general assignment for the benefit of creditors, with preferences, to John A. Garver, appellant in this proceeding. Under such instrument Garver took possession of the property of J. B. Brewster & Co., consisting of machinery, fixtures,…
1DissentBartlett, J.
A reference to some facts, in this complicated case, is essential for the purpose of making clear the points I seek to raise. The chronology is important. The firm of J. B. Brewster & Company, carnage manufacturers in the city of Hew York, made a general assignment for the benefit of creditors to John A. Carver on the 11th day of October, 1895. Prior to that time several banks and the Spring Perch Company, creditors of the assignors, had recovered judgments at law on their claims and issued executions which were then outstanding in the hands of the sheriff. Shortly after the execution of the…
2Cases cited9 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Moller v. . TuskaNew York Court of Appeals · 1881
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Mills v. . ParkhurstNew York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.