Legal Opinion

In re the Accounting of Raymond

New York Supreme Court

Decided September 15, 1882Published

Appeal from a final decree made by the Saratoga County Court upon the accounting of Edmond Raymond as general assignee of one Sidney Seeley. Seeley made a general assignment to Raymond for the benefit of creditors. Baucus was appointed assignee in the place of Raymond, removed. A petition was presented by the National Bank of Schuylerville, a creditor of. Seeley, to the County Court, asking for an accounting of Raymond, assignee.

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Appeal from a final decree made by the Saratoga County Court upon the accounting of Edmond Raymond as general assignee of one Sidney Seeley. Seeley made a general assignment to Raymond for the benefit of creditors. Baucus was appointed assignee in the place of Raymond, removed. A petition was presented by the National Bank of Schuylerville, a creditor of. Seeley, to the County Court, asking for an accounting of Raymond, assignee. Seeley, the assignor, also petitioned for a like accounting. A citation was issued and served, and the matter was referred to a referee. The parties appeared before…

1Opinion of the Court

Learned, P. J.:

The first point made by the respondents is that the appellants failed to except to the report of the referee; and therefore no review could be made by the County Court. (Levy’s Accounting, 1 Abb. N. C., 177.) But the case before us states that all the evidence was submitted to, and considered by, the court. Nor does it appear that any objection was made, before the County Court, to the hearing of the question now presented by this appeal: The case seems to have been prepared with the view of presenting the point in issue in a compact shape. And it would be unreasonable to…

2Cases cited7 opinions

  1. Bate v. . GrahamNew York Court of Appeals · 1854
  2. Gardner v. GardnerNew York Court of Chancery · 1838
  3. Osborne v. MossNew York Supreme Court · 1810
  4. Brownell v. CurtisNew York Court of Chancery · 1843
  5. Kyle v. . KyleNew York Court of Appeals · 1876

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