In re the Assignment of Risley & Burris
New York Court of Common Pleas
Application to confirm the report of a referee upon a trial of a disputed claim under a general assignment for the benefit of creditors. The claim was made by Lawrence Gr. Eisley, as the surety of Eisley & Burris, the assignors, upon a lease, for the payment by Mm, subsequent to the assignment, of rent becoming due on the lease for two quarters, and of a bonus for the surrender and cancellation of the lease. The claim was disputed by the assignee, and was referred.
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Application to confirm the report of a referee upon a trial of a disputed claim under a general assignment for the benefit of creditors. The claim was made by Lawrence Gr. Eisley, as the surety of Eisley & Burris, the assignors, upon a lease, for the payment by Mm, subsequent to the assignment, of rent becoming due on the lease for two quarters, and of a bonus for the surrender and cancellation of the lease. The claim was disputed by the assignee, and was referred. The report of the referee disallowed the claim, and the assignee made this motion to confirm the report.
1Opinion of the CourtVan Hoesen, J.
It is not contended that the assignment provides for the payment or indemnification of persons who subsequently to the date of the assignment incur liabilities or make advances for the assignor. There is, therefore, no authority for the payment by the assignee of those claims which Eisley presents for advances or payments made by him after the assignment was executed (Burrill on Assignments, marg. p. 76 and notes).
For this reason alone, the report of the referee should be confirmed. But, after reading the testimony, I am of opinion that the bonus paid for the cancellation of the lease and the…
2Cases cited1 opinion
- People ex rel. Donovan v. Fire CommissionersNew York Supreme Court · 1878
3Cited by4 opinions
- In re the Assignment of LinkNew York Court of Common Pleas · 1887
- In re the Assignment of WhitneyAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Assignment of Leon Mayer, Inc.New York Supreme Court · 1919
- Kahn v. FultonWisconsin Supreme Court · 1898