Matter of Assignment of Holbrook
New York Court of Appeals
Appeal from, order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 14,1884, which affirmed an order made at Special Term, denying a motion for a supplemental order of reference, under section 21 of the General Assignment Act of 1877. (Laws of 1877, chap. 466, as amended by Laws of 1878, chap. 318.) It appeared from the papers that in July, 1883, the firm of E. W. H. & Co. made a general assignment for the benefit of…
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Appeal from, order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 14,1884, which affirmed an order made at Special Term, denying a motion for a supplemental order of reference, under section 21 of the General Assignment Act of 1877. (Laws of 1877, chap. 466, as amended by Laws of 1878, chap. 318.) It appeared from the papers that in July, 1883, the firm of E. W. H. & Co. made a general assignment for the benefit of their creditors to one D., who was subsequently discharged and Y. was substituted in his place. On the 8th of December,…
1Opinion of the CourtDanforth, J.
The primary object of the act in relation to assignments is remedial, and it should be liberally and beneficially construed. It does not follow, however, that one, because he claims to be, or in fact is a creditor, may, on his mere wish, have the examination of such books and witnesses as he selects for that purpose. He must invoke a judge. Hor is it enough for him to have, as the petitioner here had, the belief of his attorney, although on oath, “ that the testimony of each and every of the witnesses named is material to the matters concerning which the court has ordered an examination.” It…
2Cases cited2 opinions
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
- In re the General Assignment of BurtnettNew York Court of Common Pleas · 1879
3Cited by23 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- United States v. DohertyDistrict Court, S.D. New York · 1886
- Voorhees v. CarpenterIndiana Supreme Court · 1891
- Dawson v. SickleNew York Supreme Court · 1889
- Smith v. RobinsonCourt of Appeals for the Second Circuit · 1894
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