In re the Assignment by Hoover
New York Supreme Court
Appeal by Jeremiah C. Lamphier, a creditor of the assignor, from, the decree of the county judge of Erie county, discharging the assignee. On the 20th of August, 1879, De Witt O. Hoover made an assignment to George H. Hoover, and one Getz, for the benefit of his creditors. Getz afterwards died and the survivor became sole assignee.
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Appeal by Jeremiah C. Lamphier, a creditor of the assignor, from, the decree of the county judge of Erie county, discharging the assignee. On the 20th of August, 1879, De Witt O. Hoover made an assignment to George H. Hoover, and one Getz, for the benefit of his creditors. Getz afterwards died and the survivor became sole assignee. In the course of the subsequent proceedings the-county judge made an order stating tbe amount of money in tbe hands of the assignee to be applied to the payment of debts, and directing payment thereof to the creditors entitled to it, according to their pro rata…
1Opinion of the Court
Bradley, J.:
The appellant held a note of $200 made by the assignor, and .another note of $100, made by him, and indorsed by George H. Hoover, who afterward became such assignee.
In September, 1879, the assignor placed in possession of the appellant a horse, wagon and harness, to dispose of and apply the proceeds in payment of those notes, and the latter received them for that purpose. This was done with the consent of the mother-in-law of the assignor, who owned that property. And he informed the assignee of this transaction with the appellant. .About the first •of August, 1880, the appellant…
2Cases cited8 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Stone v. . BrowningNew York Court of Appeals · 1872
- Allard v. . GreasertNew York Court of Appeals · 1874
- Remick v. SandfordMassachusetts Supreme Judicial Court · 1876
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