Noyes v. Wernberg
New York Supreme Court
Hearing before a referee. The action was brought by Issac Noyes, Jr., and Stuart Earley, on their own behalf and of other creditors who might come in, &c., against Jerry A. Wernberg, as general assignee .of the firm of Charles A. Wilson & Bro., and others, to compel an accounting and distribution by the assignee. An interlocutory judgment was entered, which among other provisions, ordered a reference for an accounting before Wilbur Larremore, Esq.
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Hearing before a referee. The action was brought by Issac Noyes, Jr., and Stuart Earley, on their own behalf and of other creditors who might come in, &c., against Jerry A. Wernberg, as general assignee .of the firm of Charles A. Wilson & Bro., and others, to compel an accounting and distribution by the assignee. An interlocutory judgment was entered, which among other provisions, ordered a reference for an accounting before Wilbur Larremore, Esq. The material facts appear in the opinion of the referee,
1Opinion of the Court
By the Referee.
On November 14, 1878, the defendants, Charles A. Wilson and David Dudley Wilson, composing the firm of Charles A. Wilson & Brother, executed an instrument purporting to be a general assignment for the benefit of their creditors, to the defendant, Jerry A. Wernberg. The assent of said Wernberg, as assignee, was embodied in the instrument. He subscribed the same and it was severally acknowledged on said day by both of the assignors and the assignee. Such instrument was upon the same date recorded in the office of the clerk of the city and county of New York. Subsequently said…
2Cases cited2 opinions
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Metcalf & Cushing v. Van BruntNew York Supreme Court · 1862