In re the General Assignment for the Benefit of Creditors of W. E. Foley & Bro.

Appellate Division of the Supreme Court of New York

In re the General Assignment for the Benefit of Creditors of W. E. Foley & Bro.

261 A.D. 1103, 27 N.Y.S.2d 175, 1941 N.Y. App. Div. LEXIS 8980

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1941

StatusPublished

This text of 261 A.D. 1103 (In re the General Assignment for the Benefit of Creditors of W. E. Foley & Bro.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the General Assignment for the Benefit of Creditors of W. E. Foley & Bro., 261 A.D. 1103, 27 N.Y.S.2d 175, 1941 N.Y. App. Div. LEXIS 8980 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from an order granting a motion of an assignee for the benefit of creditors to expunge a claim of a creditor in so far as it seeks a preference. Order, in so far as appealed from, reversed on the law and the facts, without costs, and the matter remitted to Special Term to take testimony as to the following matters and to make and enter an order thereon accordingly: 1. Did the board of directors of W. E. Foley & Bro., Inc., authorize the execution of the assignment for the benefit of creditors? 2. Was the assignment for the benefit of creditors unconditionally delivered on August 21, 1939? 3. Did the assignee in good faith take possession on August twenty-second? The affidavits on which the order was made do not satisfactorily present the contentions of the parties. Therefore, the proceeding is returned to the Special Term in order that testimony may be taken so that the situation may be disclosed in a clearer light. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ„ concur.

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Appeal from an order granting a motion of an assignee for the benefit of creditors to expunge a claim of a creditor in so far as it seeks a preference. Order, in so far as appealed from, reversed on the law and the facts, without costs, and the matter remitted to Special Term to take testimony as to the following matters and to make and enter an order thereon accordingly: 1. Did the board of directors of W. E. Foley & Bro., Inc., authorize the execution of the assignment for the benefit of creditors? 2. Was the assignment for the benefit of creditors unconditionally delivered on August 21, 1939? 3. Did the assignee in good faith take possession on August twenty-second? The affidavits on which the order was made do not satisfactorily present the contentions of the parties. Therefore, the proceeding is returned to the Special Term in order that testimony may be taken so that the situation may be disclosed in a clearer light. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ„ concur.

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Bluebook (online)

261 A.D. 1103, 27 N.Y.S.2d 175, 1941 N.Y. App. Div. LEXIS 8980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-general-assignment-for-the-benefit-of-creditors-of-w-e-foley-nyappdiv-1941.