In re the Assignment of Wolff
New York Court of Common Pleas
Appeal from an order of this court confirming the report of a referee upon an accounting by an assignee under a general assignment for the benefit of creditors. On January 7th, 1884, Morris Wolff and Martin Kahn, co-partners, under the firm name of M. Wolff & Co., made an assignment for the benefit of their creditors to Gustav Gomprecht, a brother-in-law of said Morris Wolff.
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Appeal from an order of this court confirming the report of a referee upon an accounting by an assignee under a general assignment for the benefit of creditors. On January 7th, 1884, Morris Wolff and Martin Kahn, co-partners, under the firm name of M. Wolff & Co., made an assignment for the benefit of their creditors to Gustav Gomprecht, a brother-in-law of said Morris Wolff. The assignment contained preferences aggregating $83,469.05; one of the preferred claims was that of L. Schoolherr, who was the father-in-law of said Martin Wolff and of said Gustav Gomprecht, and a partner in business…
1Opinion of the Court
Larremore, Ch. J.
[After stating the facts as above.] —1. In regard to the question what valuation of the goods the assignee is chargeable with, I think it is well settled that the actual value given in the inventory is prima facie the amount. The burden is on the assignee to show that the actual value is less, or upon attacking creditors to show that it is greater; the character and amount of evidence to shift this presumption is a question of fact depending upon circumstances and to be determined in each case. On general principles I should say that the presumption of the correctness of the…
2Cases cited3 opinions
- Levy's AccountingNew York Court of Common Pleas · 1876
- In re the Assignment of JohnsonNew York Court of Common Pleas · 1883
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
3Cited by7 opinions
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- In re the Accounting of FriendNew York Supreme Court · 1898
- In re LudekeNew York Supreme Court · 1898
- In re N. Reynolds & Co.New York Supreme Court · 1900
- In re the Accounting of LudekeNew York Supreme Court · 1898
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