In re the Assignment of Swezey
New York Court of Common Pleas
Motion to vacate an order for the examination of one of the assignors in a general assignment for the benefit- of creditors.
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Motion to vacate an order for the examination of one of the assignors in a general assignment for the benefit- of creditors. The copartnership of Swezey & Dart, composed of John A. Swezey and Joseph Dart, being insolvent, a general assignment for the benefit of creditors, executed by Joseph Dart alone, assigning the copartnership property and his individual property not exempt from attachment, was filed, in which -the claim of Buckingham & Paulson, copartners, and creditors of Swezey & Dart, was preferred. Upon their petition, an order was granted requiring Dart to appear and be examined in…
1Opinion of the CourtVan Hoesen, J.
The Burtnett Case (8 Daly, 363) was not like this. There the avowed object of the examination was not to aid the assignee in the administration of his trust save in the way of obtaining testimony to be used in such actions as he might afterwards bring. Chief Justice Daly said that such testimony ought to be taken after those actions had been begun, and that the Code of Civil Procedure made ample provision for the examination of parties in pending actions. Here it is not shown that the testimony is sought for use in any action hereafter to be brought. The examination is, as I understand it, to…
2Cases cited2 opinions
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
- In re the General Assignment of BurtnettNew York Court of Common Pleas · 1879
3Cited by1 opinion
- In re the General Assignment of WilkinsonNew York Supreme Court · 1885