In re the Final Accounting of Shaw
New York Supreme Court
Appeal from an order made at Special Term, confirming the report of a referee and fixing the amount of the commissions and compensation to which the assignees for the benefit of creditors were entitled at the amount allowed to executors and administrators.
1Opinion of the Court
Boardman, J. :
The assignees of the insolvent debtors were allowed, upon their accounting, the same commissions as by law are allowed to executors, and administrators. The language of the assignment in that behalf is as follows : “To pay and discharge all the just and reasonable expenses, costs and charges of executing this assignment, and of carrying into effect the trust hereby created, together with a reasonable commission or compensation to the assignees for their own services in executing the said trust.” Under this clause the assignees .claimed they were entitled to be allowed the actual…
2Cases cited7 opinions
- People v. WheelerNew York Court of Appeals · 2004
- Wagstaff v. LowerreNew York Supreme Court · 1856
- Ogden v. . MurrayNew York Court of Appeals · 1868
- Nichols v. . McEwenNew York Court of Appeals · 1858
- In the Matter of Edward SchellNew York Court of Appeals · 1873
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