In re the Assignment of Mills
Appellate Division of the Supreme Court of the State of New York
Appeals by Edward Harding, as assignee, etc.,'and by Adelaide T. Beacli from an order of the Supreme Court, made at the New York Special Term and entered' in the office of the clerk of the county of New York on the llth day of September, 1909, confirming the report of a referee appointed to inquire into and report' the facts respecting the claim of Richard A. Canfield to certain promissory notes.
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Appeals by Edward Harding, as assignee, etc.,'and by Adelaide T. Beacli from an order of the Supreme Court, made at the New York Special Term and entered' in the office of the clerk of the county of New York on the llth day of September, 1909, confirming the report of a referee appointed to inquire into and report' the facts respecting the claim of Richard A. Canfield to certain promissory notes. Order affirmed, with ten dollars costs and disbursements, on opinion at Special Term; Laughlin, J., concurring in memorandum; Ingraham, P. J., dissenting.
1Opinion of the Court
Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. '
The following is the opinion delivered at Special Term :
Giegerich, J.:
The motion is for confirmation of the report of a referee and for a direction to the assignee for the benefit of creditors .to turn over to the claimant certain notes in controversy. The claimant, Can-field, prior to the 22d day of August, 1907, was a customer of the firm of Mills Bros. & Co., stockbrokers. In the course of his dealings with such firm he made a transaction known as “selling short” 10,000 shares of the stock of the Reading Railroad…
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