In re Assignment of Sawyer
Appellate Division of the Supreme Court of the State of New York
Appeal by Marshall Ayres, assignee for. the benefit of creditors of Sawyer, Wallace. & Co., from an order of the Supreme Court, made at the ¡New York Special Term, hearing date the 19th day of May, 1896, and entered in the office of the clerk of the county of ¡New York confirming the report of a referee, which allowed the claim of the Rorthern Bank of Tennessee. On the 4th day of September, 1890, the firm of Sawyer, Wallace & Co., of this city, failed.
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Appeal by Marshall Ayres, assignee for. the benefit of creditors of Sawyer, Wallace. & Co., from an order of the Supreme Court, made at the ¡New York Special Term, hearing date the 19th day of May, 1896, and entered in the office of the clerk of the county of ¡New York confirming the report of a referee, which allowed the claim of the Rorthern Bank of Tennessee. On the 4th day of September, 1890, the firm of Sawyer, Wallace & Co., of this city, failed. On the same day they made a general assignment for the benefit of their creditors to Marshall Ayres. The northern Bank of Tennessee was a…
1Opinion of the Court
Barrett, J.:
The assignee makes two points against the claim of the Tennessee bank: First, that it is estopped from making any claim against the *200assigned estate, because of its hostile attitude with regard- to. -the Tennessee attachmentsecond, that if not thus estopped'it. should at least credit the amount collected under the attachment on account of its distributive share under the assignment.
We do not think that the assignee’s first, point should be sustained. The. proceedings were instituted by the bank against its debtor’s property in the State of Tennessee, without knowledge on its part…
2Cases cited1 opinion
- Matter of BonnaffeNew York Court of Appeals · 1861