Legal Opinion

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

Decided April 29, 1940PublishedCited by 16 opinions

1Opinion of the CourtCarswell, J.

The determinative facts are not in dispute. On April 6, 1939, the assignor corporation made an assignment for the benefit of creditors to Elkins. The assignee duly qualified and obtained an order authorizing the sale of certain assets of the assignor at public auction. A resettled order correcting an error in the date of the sale was procured on a petition which apprised the court that Marcus Cohen & Son were the designated auctioneers to conduct the sale and that the named auctioneer had inserted a publication in a specified newspaper and sent out notices of the sale.

The auction sale was had…

2Cases cited1 opinion

  1. In Re the Accounting of SheldonNew York Court of Appeals · 1903

3Cited by16 opinions

  1. City of New York and the Industrial Commissioner of the State of New York v. United StatesCourt of Appeals for the Second Circuit · 1960
  2. Freeman v. Marine Midland Bank-New YorkDistrict Court, E.D. New York · 1976
  3. Cherno v. Bank of BabylonNew York Supreme Court · 1967
  4. In re General Assignment for the Benefit of Creditors of Premier Container Corp.New York Supreme Court · 1978
  5. Dolph Clothiers, Inc. v. Salomon (In re Martin Fein & Co.)District Court, S.D. New York · 1983

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