In re the Assignment of Gray
Appellate Division of the Supreme Court of the State of New York
Appeal by Phebe M. Lewis, as executrix, creditor, 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 26th day of May, 1899, denying her motion to remove William R. Bishop, as assignee of William H. Gray, for the benefit of creditors.
1Opinion of the Court
Barrett, J.:
There can be po doubt that Bishop should have been removed, if the assignment to him had sufficient vitality to enable a substituted assignee to maintain an action (under chap. 314, Laws of 1858) to set aside certain transfers alleged to have been made by the assignor, prior to the assignment, in fraud of his creditors. Bishop filed neither bond nor schedules ; and he did nothing under the assignment save turn over the assets in his hands to a trustee in bankruptcy. It appears that these transfers were made by Gray in the early part of September, 1898. Upon the third of the…
2Cases cited1 opinion
- West Co. v. LeaSupreme Court of the United States · 1899
3Cited by18 opinions
- Moore Mfg. Co. v. BillingsOregon Supreme Court · 1905
- Baldwin v. KingstonDistrict Court, D. New Jersey · 1918
- Cohen v. American Surety Co. of New YorkNew York Court of Appeals · 1908
- Manning v. EvansDistrict Court, D. New Jersey · 1907
- In re KohlerCourt of Appeals for the Sixth Circuit · 1908
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