In re the Assignment of Black
New York Court of Common Pleas
Application by an assignee under a general assignment for the benefit of creditors for leave to bid at a sale of property of the assigned estate. The facts are stated in the opinion.
1Opinion of the CourtAllen, J.
The question upon this motion is whether the assignee should be allowed to bid at a sale of certain property of the assigned estate. The doctrine of the general disability of a trustee to become a purchaser at a sale of the trust estate has been well settled. The rule laid down on that subject in the case of Davoue v. Fanning (3 Johns. Ch. 252), has been followed in every case from the date of that decision to the present time. The only *22case in this state on the subject of the removal of this disability appears to be De Caters v. De Chaumont (2 Paige 490). In that case it was held that if the…
2Cases cited2 opinions
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- De Caters v. Le Ray De Chaumont & KanadyNew York Court of Chancery · 1831