In Re the Final Accounting of Clover
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 11, 1896, which affirmed a decree made by the Lewis County Court. This proceeding was instituted to compel the assignee for the benefit of the creditors of the firm of Miller & Allen to render and settle his account. The petition was by the appellant, as receiver of the property of John P. Zimmer, who was a creditor of the firm.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 11, 1896, which affirmed a decree made by the Lewis County Court. This proceeding was instituted to compel the assignee for the benefit of the creditors of the firm of Miller & Allen to render and settle his account. The petition was by the appellant, as receiver of the property of John P. Zimmer, who was a creditor of the firm. Upon the hearing, a contest arose between the appellant and the respondent as to the title to certain notes given by the firm of Miller & Allen to…
1Opinion of the CourtMartin, J.
The controversy in this case arises between different claimants of a debt owing by the assignors to one of their creditors. The single question involved upon this appeal is, whether the respondent was a purchaser in good, faith of the claim of the judgment debtor against Miller & Allen within the provisions of subdivision four of section 2469 of the G°de of Civil Procedure. The appellant was not appointed receiver until the seventeenth day of October, 1889, while the notes were purchased by the respondent on the fifth day of the preceding August. The section of the Code referred to provides…
2Cited by3 opinions
- Droege v. BaxterNew York Supreme Court · 1901
- In re the Estate of SullivanNew York Surrogate's Court · 1937
- Manhattan Real Estate & Building Ass'n v. CudlippAppellate Division of the Supreme Court of the State of New York · 1903