Legal Opinion

Matter of Accounting of Waite

New York Court of Appeals

Decided October 6, 1885PublishedCited by 47 opinions

Appeal by William Schofield, trustee, etc., from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 20,1885, which affirmed an order of Special Term overruling exceptions to and confirming a referee’s report on the accounting of Charles Waite, Jr., as assignee for the benefit of creditors of James C. Haynes and Orlando B. Sawyer. The material facts are stated in the opinion.

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Appeal by William Schofield, trustee, etc., from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 20,1885, which affirmed an order of Special Term overruling exceptions to and confirming a referee’s report on the accounting of Charles Waite, Jr., as assignee for the benefit of creditors of James C. Haynes and Orlando B. Sawyer. The material facts are stated in the opinion. As the English bankruptcy proceedings, which resulted in adjudicating Pendle & Waite, bankrupts, and appointing Schofield their trustee in bankruptcy, were…

1Opinion of the CourtEarl, J.

On the 15th day of October, 1881, Haynes & Sanger, a firm doing business in the city of Hew York, having become insolvent, made a general assignment, for the benefit of their creditors, to Charles Waite, who was a member of the firm of Pendle & Waite, and in their assignment preferred that firm as creditors for a large amount. Pendle & Waite did business in Hew York and London, Waite being a citizen of this country residing in the city of Hew York and having charge of the business of his firm there, and Pendle being a citizen of England and having charge of the firm business ( there. That…

2Cases cited16 opinions

  1. Hoyt v. . Thompson'sNew York Court of Appeals · 1859
  2. Petersen v. . Chemical BankNew York Court of Appeals · 1865
  3. Holmes v. RemsenNew York Supreme Court · 1822
  4. Willitts v. . WaiteNew York Court of Appeals · 1862
  5. Hoyt v. . ThompsonNew York Court of Appeals · 1851

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3Cited by47 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Marshall v. . ShermanNew York Court of Appeals · 1895
  3. Victrix Steamship Co. v. Salen Dry Cargo A.B.Court of Appeals for the Second Circuit · 1987
  4. Hubbard v. . HubbardNew York Court of Appeals · 1920
  5. Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928

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