In re the Judicial Settlement of the Accounts of Silver

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of Silver

235 A.D. 658

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

DecidedJanuary 15, 1932

StatusPublished

This text of 235 A.D. 658 (In re the Judicial Settlement of the Accounts of Silver) 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 Judicial Settlement of the Accounts of Silver, 235 A.D. 658 (N.Y. Ct. App. 1932).

Pincite

Opinion

In view of the failure of the surety to establish its contention that against the shortage of its principal there should be set off the commissions allowed him and the additional allowances made to him during the principal’s committeeship, the order appealed from is modified so that one-half of the referee’s allowance of $325 and one-half of the $500 counsel fee allowed to the surety are charged to the surety and one-half of each of such allowances is charged to the incompetent’s estate. The surety is charged with interest at four per cent or. the penal sum of the two bonds, viz.’, $3,250, from the date of the death of Dilworth M. Silver, to wit, July 31, 1926. As so modified the order .is affirmed, without costs of this appeal to either party. All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In view of the failure of the surety to establish its contention that against the shortage of its principal there should be set off the commissions allowed him and the additional allowances made to him during the principal’s committeeship, the order appealed from is modified so that one-half of the referee’s allowance of $325 and one-half of the $500 counsel fee allowed to the surety are charged to the surety and one-half of each of such allowances is charged to the incompetent’s estate. The surety is charged with interest at four per cent or. the penal sum of the two bonds, viz.’, $3,250, from the date of the death of Dilworth M. Silver, to wit, July 31, 1926. As so modified the order .is affirmed, without costs of this appeal to either party. All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

235 A.D. 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-of-silver-nyappdiv-1932.