Matter of Utica Nat. Brewing Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 28, 1897, which affirmed an order of Special Term confirming the report of a referee appointed to pass upon the final account of the receiver of an insolvent corporation, and to take evidence and report as to certain disputed claims. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 28, 1897, which affirmed an order of Special Term confirming the report of a referee appointed to pass upon the final account of the receiver of an insolvent corporation, and to take evidence and report as to certain disputed claims. The facts, so far as material, are stated in the opinion. Upon the assumption that the indebtedness held by Mr. Welch as assignee is an indebtedness of the new corporation, we insist that the claim of the executrix should be allowed, both upon the…
1Opinion of the CourtGray, J.
Upon the final accounting of .the receiver of the Utica N ational Brewing Company, it was referred to a referee to report as to certain disputed claims, among other things, and this appeal brings up for our review the correctness of his report as to the claims presented by the First National Bank of Utica and by the estate of William C. Willcox, deceased. The first of these claims was allowed by the referee; but the other he disallowed and his disposition of both has been approved by the courts below. The executrix of William C. Willcox now appeals to this court from the disposition so made.
Th…
2Cases cited3 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
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- American Trust Co. v. New York Credit Men's Adjustment Bureau, Inc.Court of Appeals for the Second Circuit · 1953
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