In re the Assignment of Bieber & Greenwald
New York Supreme Court
Motion by the removed assignee, whose alleged incompetence and misconduct was the subject of the reference, to set aside and vacate the report of the referee and all proceedings had -thereunder, as well as the order confirming said report, removing him and appointing a substituted assignee, upon the ground of the misconduct of the petitioner in that proceeding in offering, and of the referee in receiving, fees in excess of the fees allowed by law.
1Opinion of the CourtClarke, J.
On the 11th day of July, 1898,. the firm of L. Bieber’s Son & Co. made a general assignment for the benefit of creditors to William Liebermann, an attorney-at-law. In September, 1898, a proceeding was instituted by one of the creditors for the removal of the assignee because of alleged incompetence in the management of the estate and misconduct. Upon the hearing of that motion, the court declined to pass upon the matter upon affidavits, as it involved the conduct and character of an attorney, and sent the matter to a referee upon the condition that the petitioner should agree to pay all the…
2Cited by2 opinions
- Churchill v. CoyneAppellate Terms of the Supreme Court of New York · 1915
- Goldzier v. RosebaultAppellate Terms of the Supreme Court of New York · 1903