In Re the Accounting of Sheldon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 31, 1902, which affirmed an order of the Washington County Court removing the assignee herein, settling his accounts and setting aside a sale made by him to Albert IT. Sheldon of certain of the assigned property. The facts, so far as material, are stated in the opinion. There was no power in the County Court to set aside the sales in these proceedings.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 31, 1902, which affirmed an order of the Washington County Court removing the assignee herein, settling his accounts and setting aside a sale made by him to Albert IT. Sheldon of certain of the assigned property. The facts, so far as material, are stated in the opinion. There was no power in the County Court to set aside the sales in these proceedings. (Fisher v. Hersey, 78 N. Y. 387; Matter of Rider, 23 Hun, 91.) The decree of the County Court setting aside and vacating the sales…
1Opinion of the CourtCullen, J.
The propriety of the removal of the appellant assignee and that part of the decree of the County Court which settled his accounts, including the sums charged against him as upon a devastavit, and the refusal of the court to allow him certain credit claimed by him, present solely questions of fact. There is evidence to sustain all the findings made by the County Court and we have no power to review those findings unless they have been made without evidence. The appeal of the assignee requires no further discussion.
The serious question involved in the ease is the power of the County Court to…
2Cases cited5 opinions
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- Jessup v. . HulseNew York Court of Appeals · 1860
- Richardson v. . ThurberNew York Court of Appeals · 1887
- Matter of Accounting of MorganNew York Court of Appeals · 1885
- Thrasher v. BentleyNew York Court of Appeals · 1875
3Cited by15 opinions
- Cherno v. Bank of BabylonNew York Supreme Court · 1967
- In re the General Assignment for the Benefit of Creditors of John C. Creveling & Son Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- In re General Assignment for the Benefit of Creditors of Premier Container Corp.New York Supreme Court · 1978
- Florence Trading Corp. v. RosenbergCourt of Appeals for the Second Circuit · 1942
- Paddell v. JanesNew York Supreme Court · 1914
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