Ætna National Bank v. Shotwell
New York Court of Common Pleas
Appeal from special term. Application by the .¿Etna National Bank and others for an.order requiring Theodore Shotwell, assignee of Joseph W..Frazier, for the benefit of applicants to take up and file a referee’s report of the assignee’s transactions, and pay the referee’s charges thereon.
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Appeal from special term. Application by the .¿Etna National Bank and others for an.order requiring Theodore Shotwell, assignee of Joseph W..Frazier, for the benefit of applicants to take up and file a referee’s report of the assignee’s transactions, and pay the referee’s charges thereon. The assignee resisted the application, upon the ground that he had disbursed the proceeds of the assigned estate among the parties entitled, leaving a sum in his hands insufficient for the payment of the referee’s fees. The assignee appeals from an order granting the application. Laws N. Y. 1877, c. 466, §…
1Opinion of the CourtBischoff, J.
There is no sufficient reason for doubting the power of the judge at special term to make the order from .which this appeal has been *829taken. It is true that the assignee is nob an officer of the court, and subject as such to its directions, and the assigned estate is not custodia legis, but the correlative rights and obligations of the assignee and those interested in the assigned estate are the same as those of other trustees and cestuis que trustent, (Ludington’s Petition, 5 Abb. N. C. 307,) and the general equity powers conferred by section 25 of the general assignment act of 1877 upon the…
2Cases cited1 opinion
- Ludington's PetitionNew York Court of Common Pleas · 1878