In re the General Assignment of Talmage
Appellate Division of the Supreme Court of the State of New York
Appeal by Laura A. Talmage, individually and as executrix, etc., of Yan blest Talmage, deceased, and others, from portions of an order of the Supreme Court, made at the blew York Special Term and entered in the office of the clerk of the county of blew York on the 1st day of July, 1898, confirming the report of a referee appointed to take and state the account of Joseph Gillet, as assignee under a general assignment by the members of the firm of Dan Talmage’s Sons for the…
Read the full summary
Appeal by Laura A. Talmage, individually and as executrix, etc., of Yan blest Talmage, deceased, and others, from portions of an order of the Supreme Court, made at the blew York Special Term and entered in the office of the clerk of the county of blew York on the 1st day of July, 1898, confirming the report of a referee appointed to take and state the account of Joseph Gillet, as assignee under a general assignment by the members of the firm of Dan Talmage’s Sons for the benefit of its creditors.
1Opinion of the Court
Barrett, J.:
We must first ascertain what are the precise questions brought up by this appeal. On the 4tli day of September, 1897, Mr. Gillet filed an intermediate account of his proceedings as assignee. A citation was thereupon issued to all persons interested in the assigned estate to attend the settlement of this account. Upon the return of the citation the present parties and others appeared and an order of reference was made to take and state the accounts of the assignee, and also to take proof and report as to what persons were entitled to share in the distribution of the assigned…
2Cases cited2 opinions
- In Matter of Assignment of HulburtNew York Court of Appeals · 1882
- Thomas Adams & Co. v. AlbertNew York Court of Appeals · 1898
3Cited by6 opinions
- In re the Assignment of Leon Mayer, Inc.New York Supreme Court · 1919
- Smith v. MingeyAppellate Division of the Supreme Court of the State of New York · 1902
- Bailey v. CarterNew York Supreme Court · 1901
- In re LoughCourt of Appeals for the Second Circuit · 1910
- In re the Estate of WotherspoonNew York Surrogate's Court · 1904
1 more not listed; retrieve them via the Exa API.