In Re the Final Accounting of Barnes
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Few York, made March 6, 1893, which affirmed an order of Special Term charging the petitioner, as assignee of Zenas S. Crooker, with interest on moneys of the estate kept by him in his personal bank account, and with the costs collected by his attorney in an action brought by a creditor to set aside the assignment.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Few York, made March 6, 1893, which affirmed an order of Special Term charging the petitioner, as assignee of Zenas S. Crooker, with interest on moneys of the estate kept by him in his personal bank account, and with the costs collected by his attorney in an action brought by a creditor to set aside the assignment. This was a proceeding by Frederick E. Barnes, as assignee of Zenas S. Crooker, to obtain a decree discharging him upon his final accounting. The facts, so far as material, are stated in…
1Opinion of the CourtMaynard, J.
The appellant, an assignee for the benefit of creditors, has been charged by the court below with interest upon the trust funds in his hands at the rate of six per cent per annum. He deposited the moneys in a national bank where he kept an individual account, and they were credited to him in this account as deposited. The assignment was executed March 2, 1887, and on January 8th, 1888, an action was brought to set it aside, which was pending for upwards of three years. A reference to take and state his account was ordered, and the referee reported in favor of charging him with two per cent…
2Cases cited3 opinions
- In Re the Accounting of CornellNew York Court of Appeals · 1888
- Matter of MyersNew York Court of Appeals · 1892
- Price v. . HolmanNew York Court of Appeals · 1892
3Cited by7 opinions
- Govin v. De MirandaNew York Supreme Court · 1894
- Sagone v. . MacKeyNew York Court of Appeals · 1919
- Goodman v. Schached, New York County Courts1932
- Atwood v. KerlinDistrict Court, S.D. New York · 1957
- In re the Judicial Settlement of the Accounts of RoweNew York Surrogate's Court · 1903
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