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In re Northam

106 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1907-11-20 English

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p. 1139
In re NORTHAM. DUTCHESS INS. CO., Appellant, v. NORTHAM et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
November 20, 1907.)

Headnote

In the matter of the general assignment for the benefit of creditors of William G. Northam to Lewis N. Northam. Action by the Dutchess Insurance Company against Lewis N. Northam, assignee, and others.

Order reversed, with $10 costs and disbursements, and motion granted, without costs. Held, that in the circumstances disclosed by the record in this case it was error for the court to refuse, on the ground of Saches, to open the decree.

KRUSE and ROBSON, JJ., dissent.