Dorney v. Thacher
New York Supreme Court
Appeal from special term, New York county. Action by Charles A. Domey and others against William M. Thacher, impleaded with Richard S. Kingman and others, to set aside an assignment for benefit of creditors made to defendant Thacher by the other defendants. From an order confirming the report of the referee appointed by an interlocutory judgment, charging the assignee with $1,104.55, defendants appeal. Reversed in part.
1Opinion of the CourtVan Brunt, P. J.
It is true that this court, in the case of Heywood v. Kingman, 19 N. Y. Supp. 321, 882, in which action an interlocutory judgment has been entered similar in form to the one in the case at bar, decided that, upon appeal from an order confirming the report of a referee appointed by such interlocutory judgment, this court could reverse such judgment without having before it a scintilla of the record upon which such judgment was founded; but the conclusion then arrived at, it seems to me, should not be extended beyond, the case which was then before the court. The question presented by this…
2Cases cited3 opinions
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
- Heywood v. ThacherNew York Supreme Court · 1892
- In re Mink's EstateNew York Supreme Court · 1891
3Cited by2 opinions
- Marcus v. LiebovitzAppellate Terms of the Supreme Court of New York · 1908
- Faxon v. MasonNew York Supreme Court · 1895