Legal Opinion

In re Orlo Atwood & Sons

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the claimant, Jaines Talcott, from a decree of the Court of Common Pleas for the city and county.of New York in favor of the assignee for the benefit of creditors of Orlo Atwood & Sons, entered in the office of the' cleric of said court on the 26th day of September, 1895, upon the report of a referee, disallowing the claim presented by the claimant against the estate in the hands of the assignee, and granting an allowance against him of $500, in addition to the…

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Appeal by the claimant, Jaines Talcott, from a decree of the Court of Common Pleas for the city and county.of New York in favor of the assignee for the benefit of creditors of Orlo Atwood & Sons, entered in the office of the' cleric of said court on the 26th day of September, 1895, upon the report of a referee, disallowing the claim presented by the claimant against the estate in the hands of the assignee, and granting an allowance against him of $500, in addition to the taxable costs. The claim was presented to the assignee who refused to allow it. Thereupon' the claimant applied to the…

1Opinion of the Court

Williams, J.:

This was a proceeding to determine the validity of a claim against an assigned estate under section 26, chapter 466, Laws of 1877, which provides that the court or judge may in its or his discretion order a trial by a jury or before a referee of any disputed claim or matter arising under the provisions of the act, and may award reasonable costs and counsel fees and determine which party shall pay the same. The claim made by the claimant, as appears by his petition, was for an indebtedness owing and due by the assignors to him at the time of the assignment.

The assignee denied that…

2Cases cited2 opinions

  1. People v. E. Remington & SonsNew York Court of Appeals · 1890
  2. Corlies v. CummingNew York Supreme Court · 1826

3Cited by5 opinions

  1. Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
  2. Roofing Sales Co. v. RoseSupreme Court of New Jersey · 1927
  3. Arbaugh v. ShockneyIndiana Court of Appeals · 1904
  4. In re the Final Accounting of HayesNew York Supreme Court · 1902
  5. Talcott v. WallerCourt of Appeals for the Second Circuit · 1911

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