Travis v. . Myers
New York Court of Appeals
This was an appeal by Joseph Potter, plaintiff in the action last entitled, from an order requiring the creditors of defendant’s assignors to come in and prove their claims in the action secondly above entitled, and restraining proceedings in the others. These actions were brought by plaintiffs, in behalf of themselves and other creditors, against defendant, as an assignee for the benefit of creditors, for an accounting and closing up of the trust.
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This was an appeal by Joseph Potter, plaintiff in the action last entitled, from an order requiring the creditors of defendant’s assignors to come in and prove their claims in the action secondly above entitled, and restraining proceedings in the others. These actions were brought by plaintiffs, in behalf of themselves and other creditors, against defendant, as an assignee for the benefit of creditors, for an accounting and closing up of the trust. An interlocutory decree was obtained in the second action, directing an accounting, etc.; whereupon a motion was made, on behalf of defendant,…
1Opinion of the Court
Per Gwriam.
The Supreme Court had power to make the order complained of and to compel creditors and claimants, of whom the appellant is one, to come in and prove their claims in the suit first brought by one creditor in behalf of himself and all others for an accounting by the assignee and the closing of the trust, and to stay proceedings in other actions. Such order was authorized by statute, and in conformity tó the established practice of the court. (2 R. S., 183, § 106; Innes v. Lansing, 7 Paige, 583; Blodgett v. Kerr, 48 N. Y., 62; Erie R. R. Co. v. Ramsey, 45 id., 637 ; In re Hemiup, 2…
2Cases cited2 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Kerr v. . BlodgettNew York Court of Appeals · 1871
3Cited by17 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
- Day v. BuckinghamWisconsin Supreme Court · 1894
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