Eames v. Bagg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. Merriam Bagg, from an order of the County Court of Lewis county, entered in the office of the clerk ■of the county of Lewis on the 25th day of November, 1895, denying the defendant’s -motion to set aside an order in supplementary proceedings requiring the defendant to appear and be examined before a referee upon a judgment in favor of the plaintiff and against the defendant, and to set aside the execution issued upon such judgment.
1Opinion of the Court
Green, J.:
Previous to 1891 Alson Wider made a general assignment for the benefit of his creditors to Charles A. Wider as assignee of the assigned estate. The assignee entered upon the discharge of his duties as such, but died before he had executed his trust, and plaintiff was appointed trustee to execute the provisions of the trust contained in the general assignment. In April, 1894, the defendant, claiming to have performed services relating to the assigned estate, at the request of Charles A. Wider, the former assignee, presented a petition to the County Court of Lewis county, and upon…
2Cases cited2 opinions
- Johnson v. . WallisNew York Court of Appeals · 1889
- Davis v. . StoverNew York Court of Appeals · 1874
3Cited by1 opinion
- Anthracite Trust Co. Mears's AppealSupreme Court of Pennsylvania · 1935