In re General Assignment for the Benefit of Creditors of Fellman

Appellate Division of the Supreme Court of New York

In re General Assignment for the Benefit of Creditors of Fellman

255 A.D. 792, 7 N.Y.S.2d 77, 1938 N.Y. App. Div. LEXIS 5348

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1938·Published·Cited by 1 cases

Opinion

Order granting a summary application of an assignee for the benefit of creditors to compel the restoring of certain property to the assignee reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Assuming that the assignee was aggrieved, she was not entitled, under the circumstances, to the benefit of a summary order. Adequate redress was available to her under section 68 of the Municipal Court Code in the action under which the claimed wrongful replevy had been made. Moreover, it may be that she did not have actual possession of the property seized under the facts herein disclosed. (Bullis v. Montgomery, 50 N. Y. 352.) Hagarty, Carswell, Davis and Adel, JJ., concur; Lazansky, P. J., concurs in result.

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Order granting a summary application of an assignee for the benefit of creditors to compel the restoring of certain property to the assignee reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Assuming that the assignee was aggrieved, she was not entitled, under the circumstances, to the benefit of a summary order. Adequate redress was available to her under section 68 of the Municipal Court Code in the action under which the claimed wrongful replevy had been made. Moreover, it may be that she did not have actual possession of the property seized under the facts herein disclosed. (Bullis v. Montgomery, 50 N. Y. 352.) Hagarty, Carswell, Davis and Adel, JJ., concur; Lazansky, P. J., concurs in result.

In re General Assignment for the Benefit of Creditors of Fellman, 255 A.D. 792, 7 N.Y.S.2d 77, 1938 N.Y. App. Div. LEXIS 5348 (N.Y. Ct. App. 1938).

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255 A.D. 792 (In re General Assignment for the Benefit of Creditors of Fellman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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