Wilson Bros. Wooden Ware & Toy Co. v. Daggett
City of New York Municipal Court
Appeal from an order made at special term declining to limit an examination in supplementary proceedings to the discovery of property of the defendant, acquired since his general assignment for the benefit of creditors, filed and recorded October 10, 1885.
1Opinion of the CourtMcAdajm, C. J.
The judgment creditor herein, in pursuance of notice to creditors, came in and proved his claim against the judgment debtor in the general assignment proceedings, and having availed himself of the provisions of *298the general assignment act, he has elected to join in aid of the purpose of the assignment, which is the bringing in and distributing of the assigned property, according to the terms of the assignment. Matter of Holbrook, 99 N. Y., 539, 546. Creditors have an election as to which course they will pursue. They cannot pursue both. Creditors cannot in one-moment take steps in recognition…
2Cases cited11 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Rapalee v. . StewartNew York Court of Appeals · 1863
- Matter of Assignment of HolbrookNew York Court of Appeals · 1885
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