National Shoe & Leather Bank v. Baker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October Y, 1895, which affirmed an order of Special Term directing a compulsory reference. The nature of the action and the facts, so far as material, are stated in the opinion. A compulsory reference of an action can be ordered only when the accounts to be examined are the direct and immediate object of the action.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October Y, 1895, which affirmed an order of Special Term directing a compulsory reference. The nature of the action and the facts, so far as material, are stated in the opinion. A compulsory reference of an action can be ordered only when the accounts to be examined are the direct and immediate object of the action. (Read v. Lozin, 31 Hun, 286; 96 N. Y. 647; Claflin v. Drake, 38 Hun, 144; Camp v. Ingersoll, 86 N. Y. 433; Bushnell v. Eastman, 2 Abb. Pr. [N. S.] 411; Morrison v. Van Benthuysen, 103…
1Opinion of the CourtVann, J.
This action is based on chapter 314 of the Laws of 1858, as amended by chapter 48Y of the Laws of 1889, and. chapter 740 of the Laws of 1894. The statute in its present form was in force when this action was commenced. It authorizes any creditor of a deceased insolvent debtor, having a claim against the estate of such decedent exceeding the sum of $100, to maintain any action necessary to set aside conveyances made in fraud of the rights of creditors of the deceased debtor, without obtaining a judgment upon sucli claim, but provides that the debt, “if disputed, may be proved and established…
2Cases cited3 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- People v. . WoodNew York Court of Appeals · 1890
- Rowland v. . RowlandNew York Court of Appeals · 1894
3Cited by6 opinions
- Campbell v. HeilandAppellate Division of the Supreme Court of the State of New York · 1900
- Calkins v. StedmanAppellate Division of the Supreme Court of the State of New York · 1911
- Coit v. GoodhartAppellate Division of the Supreme Court of the State of New York · 1896
- Johnston v. GundbergAppellate Division of the Supreme Court of the State of New York · 1906
- Lilienthal v. DruckliebCourt of Appeals for the Second Circuit · 1899
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