Mills v. . Husson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 1, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term, and also affirmed an order denying an application by plaintiff to open the cause for further proofs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 1, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term, and also affirmed an order denying an application by plaintiff to open the cause for further proofs. The nature of the action and the facts, so far as material, are stated in the opinion. The fund now held by Mr. Husson is to be regarded as consisting of both real and personal property. (Mills v. Mills, 28 Barb. 454 ; Laws of 1875, chap. 545.)…
1Opinion of the CourtO’Brien, J.
The plaintiff, claiming to represent a creditor of Jacob D. Mills, who made an assignment for the benefit of creditors, and as the assignee of the reversionary interest in the assigned estate, sought to compel an accounting by the defendant, as the substituted assignee or trustee under the assignment, and has failed substantially upon the ground that he did not establish any claim against or interest in the assigned estate.
Jacob D. Mills made an assignment for the benefit of creditors to William Dolsen, his father-in-law, June 11,1855. The assignee was directed to pay certain preferred debts…
2Cases cited7 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Williams v. . ThornNew York Court of Appeals · 1877
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Graff v. . BonnettNew York Court of Appeals · 1865
- Cook v. . LowryNew York Court of Appeals · 1884
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3Cited by35 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Overheiser v. . LackeyNew York Court of Appeals · 1913
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
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