In re the Assignment of Leon Mayer, Inc.
New York Supreme Court
Matter of awarding costs upon an accounting of an assignee for the benefit of creditors.
1Opinion of the CourtCropsey, J.
Has the court power to award costs and an allowance to a creditor upon the accounting of an assignee for the benefit of creditors, payable out of the estate? This is the question here involved. If the power exists it may well be exercised when the creditor, as here, has been responsible for securing a substantial surcharge against the assignee.
Awards as allowances or counsel fees have been made by the courts but that of itself would not justify the continuance of the practice if the power to do so did not exist. This is a statutory proceeding and though the court has broad powers (Matter of…
2Cases cited11 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- In re the Settlement of the Estate of WellingAppellate Division of the Supreme Court of the State of New York · 1900
- Matter of Accounting of MorganNew York Court of Appeals · 1885
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- Strong v. DutcherAppellate Division of the Supreme Court of the State of New York · 1919
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3Cited by1 opinion
- In re Vogue Pleating & Embroidery Co.Appellate Division of the Supreme Court of the State of New York · 1960