In re Accounting of Ludeke
Appellate Division of the Supreme Court of the State of New York
Appeal by the assignee, Adolph Ludeke, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of July, 1898, confirming the report of a referee appointed to take- and state the accounts of the assignee herein; also from so much ot an intermediate order bearing date the 12th day of April 1898, and entered in said clerk’s office, as sustains the objection .to the payment by the…
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Appeal by the assignee, Adolph Ludeke, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of July, 1898, confirming the report of a referee appointed to take- and state the accounts of the assignee herein; also from so much ot an intermediate order bearing date the 12th day of April 1898, and entered in said clerk’s office, as sustains the objection .to the payment by the appellant of $2,500 to Byam K. Stevens (if any portion of said order can be¡ so construed).
1Opinion of the Court
Barrett, J.:
The question presented by this appeal, under an arrangement of counsel, is whether the payment of $2,500 made by the assignee to the assignor’s landlord, in settlement of all claims against, theassignor and'the assigned estate, was valid. It was disallowed by the referee upon the assignee’s accounting, and also by the court at Special Term. The appellant agrees, if the question on this head be decided iii his favor, to waive a second ground of: appeal with regard to his ■commissions, The referee reported that all the creditors had been paid in full except one Dr. Swan, who stated…
2Cases cited2 opinions
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- People v. . St. Nicholas BankNew York Court of Appeals · 1897
3Cited by4 opinions
- In re the Assignment of WhitneyAppellate Division of the Supreme Court of the State of New York · 1911
- Feust v. CraigAppellate Terms of the Supreme Court of New York · 1907
- In re Louis Friedman & Brother, Inc.New York Supreme Court · 1933
- In re the Assignment of WhitneyAppellate Division of the Supreme Court of the State of New York · 1911