In re Bunch
New York Supreme Court
A warrant of attachment was issued in this cause in August, 1830, at the instance of C. Mitchell, to whom Bunch was indebted upwards of $42,000, by judgment obtained in this court in 1822. Trustees for all the creditors of Bunch were duly appointed in June, 1831, who took the oath prescribed by law, caused their appointment to be recorded, and notice ther.eof to be published in the manner prescribed by statute.
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A warrant of attachment was issued in this cause in August, 1830, at the instance of C. Mitchell, to whom Bunch was indebted upwards of $42,000, by judgment obtained in this court in 1822. Trustees for all the creditors of Bunch were duly appointed in June, 1831, who took the oath prescribed by law, caused their appointment to be recorded, and notice ther.eof to be published in the manner prescribed by statute. The trustees caused Bunch to be brought before the officer who had issued the warr.ant of attachment, to be examined relative to his estate,'&cc. and on such examination the officer…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The objections to the taxation resolve themselves into two branches: 1. That the responsibilities that the trustees have come under, by reason of the prosecution of the writ of certiorari, are not a proper subject of charge against the debtor'; and 2. That, under the circumstances of this case, the trustees are not entitled, to commissions. Trustees appointed in cases of this kind are authorized, before making distribution of moneys which shall have come to their hands, to deduct all necessary disbursements made by them in the discharge of their duty. The trustees,…
2Cited by9 opinions
- In Matter of Assignment of HulburtNew York Court of Appeals · 1882
- German American Bank v. Morris Run Coal Co.New York Court of Appeals · 1877
- In re HulbertNew York Court of Common Pleas · 1882
- People v. Brooklyn BankNew York Supreme Court · 1909
- People v. Brooklyn BankNew York Supreme Court · 1909
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