In re Clover
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles IT. Zimmer, as receiver of the property of John R. Zimmer, from so much of a judgment of the County Court of Lewis county, entered in the office of the cleric of the county of Lewis on the 30th day of January, 1895, settling the accounts of the assignee of Stephen T. Miller and Charles M. Allen, and directing the distribution of the estate among the respective parties adjudged entitled thereto, as adjudges and decrees that Charles A. Miller is entitled to…
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Appeal by Charles IT. Zimmer, as receiver of the property of John R. Zimmer, from so much of a judgment of the County Court of Lewis county, entered in the office of the cleric of the county of Lewis on the 30th day of January, 1895, settling the accounts of the assignee of Stephen T. Miller and Charles M. Allen, and directing the distribution of the estate among the respective parties adjudged entitled thereto, as adjudges and decrees that Charles A. Miller is entitled to be paid by the said assignee, out of the funds in his hands, a certain sum on account of notes which had been transferred…
1Opinion of the Court
Green, J.:
The main question in controversy in this matter arises between a receiver of the property of John P. Zimmer, a judgment debtor, appointed in proceedings supplementary to execution, and the assignee or transferee of negotiable promissory notes transferred to the claimant, Charles A. Miller, when past due, and subsequently to the service of an injunction order upon said judgment debtor and also upon his debtors, Stephen T. Miller and Charles M. Allen, the assignors of the assigned estate, but prior to the appointment of the receiver. Charles A. Miller, the transferee of the notes,…
2Cases cited12 opinions
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Hayden v. BucklinNew York Court of Chancery · 1842
- Becker v. . TorranceNew York Court of Appeals · 1864
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3Cited by5 opinions
- Droege v. BaxterAppellate Division of the Supreme Court of the State of New York · 1902
- Fitzpatrick v. MosesAppellate Division of the Supreme Court of the State of New York · 1898
- Droege v. BaxterNew York Supreme Court · 1901
- Fitzpatrick v. MosesAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of SullivanNew York Surrogate's Court · 1937