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1 Abb. N. Cas. 402

In re Strauss

New York Court of Common Pleas

Decided January 15, 1877

New York Court of Common Pleas · decided 1877-01-15

Application to one of the judges of this court as county judge, for order compelling the assignor to submit to examination at the instance of the assignee, and to disclose any knowledge or information relative to creditors, assets, and liabilities, of the assignor (Act of 1874, chap. 600, § 1, amending Laws of 1860, chap. 348, § 2).

Decided 1877-01-15

J. F. Daly, J.

¶1In this case the assignee took and kept possession of the assignor’s books of account, stock in store, &c., which were delivered over by the latter when he executed the assignment. But the assignee shows that the assignor, in the instrument of assignment, conveyed his “lands, tenements, and hereditaments, wherever the same may be,” and at one time promised to deliver to the assignee the deeds of such property, but has subsequently refused to give him any particulars as to its situation, of which the assignee is ignorant.

¶2Under these circumstances, the assignor must submit to an examination, and for that purpose will attend at chambers, on January 12, 1877, at 10 o’clock, A. m.’

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