In re Hevenor
New York Supreme Court
Appeal from Erie county court. Charles D. Marshall and Julia A. Sherman, as executors of the will of R. J. Sherman, deceased, and Martha R. Sherman, presented to Hudson Ansley, as assignee for the benefit of creditors of William G. Hevenor, a claim for rent alleged to. be due under a lease made by claimants to the assignor. The assignee rejected the claim, w'hereupon it was referred.
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Appeal from Erie county court. Charles D. Marshall and Julia A. Sherman, as executors of the will of R. J. Sherman, deceased, and Martha R. Sherman, presented to Hudson Ansley, as assignee for the benefit of creditors of William G. Hevenor, a claim for rent alleged to. be due under a lease made by claimants to the assignor. The assignee rejected the claim, w'hereupon it was referred. The referee disallowed it, and, from an order of the county court confirming the report of the referee, claimants appeal.
1Opinion of the CourtBradley, J.
On July 13, 1891, William G. Hevenor made a general assignment for the benefit of his creditors to Hudson Ansley, and on the next day it was recorded in the office of the clerk of Erie county. After making preferences for certain creditors, the assignor directed the assignee “to pay and discharge in full, if the residue of said proceeds is sufficient for that purpose, all the debts and liabilities now due or to grow due from the said party of the first part, with interest thereon.” Prior to that time, and on the 18th day of April, 1891, the appellants leased to the assignor a certain store…
2Cases cited4 opinions
- In Re the Assignment of LewisNew York Court of Appeals · 1880
- Brainerd v. . DunningNew York Court of Appeals · 1864
- In re AdamsNew York Court of Common Pleas · 1884
- In re WillisNew York Supreme Court · 1892
3Cited by5 opinions
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- Langerman v. Puritan Dining Room Co.California Court of Appeal · 1913
- Shaffer v. GeorgeSupreme Court of Colorado · 1917
- Van Schaick v. AstorCity of New York Municipal Court · 1934
- In re the Assignment of WhitneyAppellate Division of the Supreme Court of the State of New York · 1911