Dorney v. Thacher
New York Supreme Court
Appeal from special term, New York county. Action by Charles A. Domey and others against William M. Thacher, impleaded with Richard S. Kingman and others, to set aside an assignment for benefit of creditors made to defendant Thacher by the other defendants. From an order confirming the report of the referee appointed by an interlocutory judgment, charging the assignee with $1,104.55, defendants appeal. Reversed in part.
1Concurrence
O’BRIEN, J.,
(concurring.) The court at special term confirmed the report of the referee on a reference to pass the account of the defend-*791out Thacher, as assignee under an assignment for the benefit of creditors. In an action brought by plaintiffs in their own behalf only, the assignment and certain confessed judgments were set aside, on the ground that they created preferences of more than one-third of the assignors’ estate, in violation of chapter 503 of the Laws of 1887. Similar decrees in 11 other actions were entered, which would more than exhaust the property in the hands of the…
2Cases cited8 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Attorney-General v. North American Life InsuranceNew York Court of Appeals · 1883
- Central National Bank v. SeligmanNew York Court of Appeals · 1893
- Noyes v. BlakemanThe Superior Court of New York City · 1850
- Smith v. . WiseNew York Court of Appeals · 1892
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