Green v. Hicks
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the fourth circuit, denying the application of the complainants for a further examination of the defendant before the master, on a reference upon a judgment creditor’s bill.
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This was an appeal from the decision of the vice chancellor of the fourth circuit, denying the application of the complainants for a further examination of the defendant before the master, on a reference upon a judgment creditor’s bill. The order of reference, after directing the master to appoint a receiver of the debts, property, equitable interests and things in action of the defendant, at the time of filing the bill, on the 27th of June, 1845, and to take from such receiver the usual security, required the defendant to assign, transfer, and deliver over to such receiver, upon oath, under…
1Opinion of the Court
The Chancellor.
The order of reference in this case did not authorize the complainants to examine the defendant for the mere purpose of ascertaining whether he had made a fraudulent assignment of his property previous to the commencement of *314this suit, unless such property was still in the possession or under the control, of the defendant, so that he could be lawfully required to deliver it over to the receiver, under the direction contained in the order. It is true the order contains a provision that the receiver may examine the defendant, and such other persons as he may deem proper, on oath,…
2Cited by3 opinions
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Shainwald v. LewisDistrict Court, D. California · 1881