Talcott v. Hitchings
Appellate Division of the Supreme Court of the State of New York
Appeal .from a judgment disallowing the creditor’s claim and «charging him with costs and $500 counsel fees. The claim was presented to the assignee, who refused to allow it. Thereupon the claimant applied to the court, by petition, for an order of reference to adjudicate as to his claim.
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Appeal .from a judgment disallowing the creditor’s claim and «charging him with costs and $500 counsel fees. The claim was presented to the assignee, who refused to allow it. Thereupon the claimant applied to the court, by petition, for an order of reference to adjudicate as to his claim. The assignee made answer to the petition, and thereupon the .reference was -ordered to hear, try, and determine the issue made as to the allowance of the claim. . The referee reported that the assignors, in 1892 and 1893, were manufacturers of ribbons, and the claimant was a commission merchant in the city…
1Opinion of the CourtWilliams, J.
This was a proceeding to determine the validity oE a claim against an assigned estate, under section 26, chapter 466, Laws of 1877, which provides that the court or judge may, in its or his discretion, order a trial by a jury or before & referee of any disputed claim or matter arising under the provisions of the act, and may award reasonable costs and counsel fees, and determine which party shall pay the same.
The claim made by the claimant, as appears by his petition, was for an indebtedness owing and due by the assignors to him at the time of the assignment. The assignee denied that there…
2Cases cited3 opinions
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Blackmar v. . ThomasNew York Court of Appeals · 1863
- Corlies v. CummingNew York Supreme Court · 1826