Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Knapp

New York Surrogate's Court

Decided January 15, 1925Published

1Opinion of the Court

Slater, S.:

The questions involved herein relate to the distribution of the assets among the different kinds of creditors. There are claims arising from services performed at the request of, and for merchandise purchased by the decedent during his lifetime. In other words, contract claims. And there are many tort claims, arising out of misappropriation of trust funds by the deceased, by his partners, and by the firm of which he was a member.. The first question to be considered is whether or not any creditor, or group of creditors has any right to have his claim satisfied before the claims of…

2Cases cited6 opinions

  1. People v. E. Remington & SonsNew York Court of Appeals · 1890
  2. In Re the Accounting of PeckNew York Court of Appeals · 1912
  3. Evertson v. BoothNew York Supreme Court · 1822
  4. In re Sawyer, Wallace & Co.Appellate Division of the Supreme Court of the State of New York · 1898
  5. Gaylord v. GibsonAppellate Division of the Supreme Court of the State of New York · 1899

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