In the Matter of the Accounting of Dean
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, made January 12, 1881, affirming an order of Special Term, which confirmed the report of a referee appointed to examine the accounts of Robert J. Dean, assignee, under an assignment for the benefit of creditors, executed by Sterry Fry. The material facts are set forth in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, made January 12, 1881, affirming an order of Special Term, which confirmed the report of a referee appointed to examine the accounts of Robert J. Dean, assignee, under an assignment for the benefit of creditors, executed by Sterry Fry. The material facts are set forth in the opinion. Justice to all creditors required that, after an assignment for their benefit, the business should be wound up and the property disposed of at the earliest moment. (Mecham v. Sternes, 9 Paige, 389, 406;…
1Opinion of the CourtEarl, J.
Fry made his assignment to Dean on the 10th day of July, 1874. The inventory of Fry’s property was filed by him July 14, and Dean filed his bond as assignee July 16.
The property assigned'consisted of carriages, horses and other personal property used in a livery business, carried on by the assignor, and debts due the assignor. After the assignment, the assignee took possession of the property and the livery-stable, and carried on the livery business for about two months and then sold the entire property subject to the mortgages thereon for one dollar. In carrying on the business he expended…
2Cases cited3 opinions
- Duffy v. . DuncanNew York Court of Appeals · 1866
- Duffy v. DuncanNew York Supreme Court · 1860
- Litchfield v. White & LeonardThe Superior Court of New York City · 1850
3Cited by7 opinions
- Hill v. American Surety Co.Wisconsin Supreme Court · 1900
- Kentucky National Bank v. Louisville Bagging Co.Court of Appeals of Kentucky · 1895
- In re the Estate of ObergNew York Surrogate's Court · 1933
- In re the General Assignment for the Benefit of Creditors of Fisher Bookbinding Co.New York Supreme Court · 1983
- In re the Final Accounting of BowlbyNew York Supreme Court · 1901
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