Legal Opinion

In re the Assignment of Carrick

New York Court of Common Pleas

Decided May 13, 1885PublishedCited by 1 opinion

Application to confirm the report of a referee upon an accounting by an assignee under a general assignment for the benefit of creditors. The facts are stated in the opinion.

1Opinion of the CourtLarremore, J.

The drawing of the deed of assignment is not properly a charge against the assigned estate unless specifically so provided for in the deed itself. Were it such a charge it seems that the decision In re Levy's Accounting (1 Abb. N. C. 177), would particularly apply here.

The assignment itself is on a printed form, and of the simplest character, requiring neither skill nor legal acumen to prepare. The preparation of the schedules and inventory is a duty required of the assignee. There are printed blanks for the purpose, and the preparation of them is peculiarly a matter to be done by the…

2Cases cited3 opinions

  1. Levy's AccountingNew York Court of Common Pleas · 1876
  2. In re the Assignment of JohnsonNew York Court of Common Pleas · 1883
  3. In re the Assignment of SchallerNew York Court of Common Pleas · 1880

3Cited by1 opinion

  1. In re the judicial settlement of the account of CollyerNew York Surrogate's Court · 1889

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