In re the General Assignment of Burtnett
New York Court of Common Pleas
This was an application by an assignee for the benefit of creditors for leave to bring certain suits, and also for leave to examine, under the provisions of the General Assignment Act, the persons who shared in, and had knowledge of, the facts on account of which it was proposed to bring these actions.
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This was an application by an assignee for the benefit of creditors for leave to bring certain suits, and also for leave to examine, under the provisions of the General Assignment Act, the persons who shared in, and had knowledge of, the facts on account of which it was proposed to bring these actions. The application ivas based on affidavits which tended to show, in substance, that the said William B. Burtnett, with the co-operation of Jennie (his wife) and one Samuel Samuels, with the intent to hinder, delay and defraud his creditors, and prevent his stock in trade, worth about $28,000, or…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The order allowing the assignee to sue will be granted, and whatever examination of parties or witnesses may be necessary to sustain the action must be had in that action. The examination allowed by the assignment act is to aid in the administration of the assignment. If it is necessary to perpetuate testimony, then it should be made under the Revised Statutes, and subject to the restrictions and limitations which by adjudged cases is to be applied to such proceedings. What is sought to be done in this application is to go into the whole alleged cause of action,…
2Cited by5 opinions
- Matter of Assignment of HolbrookNew York Court of Appeals · 1885
- In re the Assignment of EveritNew York Court of Common Pleas · 1881
- In re the Assignment of BrownNew York Court of Common Pleas · 1882
- In re the Assignment of SwezeyNew York Court of Common Pleas · 1882
- In re the General Assignment of WilkinsonNew York Supreme Court · 1885