Van Valkenburgh v. Elmendorf
New York Supreme Court
THIS was a motion, to set aside the report of referees appointed by a rulé of,court, in an action of assumpsit brought by the plaintiffs,-as assignees, und'el- the insolvent act of April,: 1811, of Magee, anpnsol.ven't debtor.
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THIS was a motion, to set aside the report of referees appointed by a rulé of,court, in an action of assumpsit brought by the plaintiffs,-as assignees, und'el- the insolvent act of April,: 1811, of Magee, anpnsol.ven't debtor. At the hearing, at'CaQki}l, in the county of G.reeney, the plaintiffs gave'in evidence the proceedings .relating ',to the discharge, of .Magee, By. which , it appeared, that J, 'Pinckney, the commissioner under' that act, fpi- the countyof Qreene, -had ordered an assignment of the insolvent’s estate to the plaintiffs, in 'conjunction witb One
1Opinion of the Court
.Per -Curiam..
By the first section of the act ♦» for the benefit pf insolvent debtors and. théir creditors,^' passed 3d April,. 1811, the commissioner is directed to order an assignment, of the debtofVest¿te.;eí;<!o three discreet, and sufficient persons,V naming, ihem- By .the 4th section of that act, ft is directed) tliat upon producing a certificate under .the, hands and seals of the assignees.) or any two of .them;” /that the debtor1 has executed an assignment of. all; his. estate, ,&c. then the commissioner ■ shall discharge, the, debtor.: and,' by the 17th section-of the-sanie act, it…
2Cited by1 opinion
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