Abels v. Westervelt
New York Supreme Court
Appeal from an order. Judgment was recovered in this action by Joseph Abels against Isaac H. Westervelt and Henry Camp, on the 9th October, 1861, for $947.11. An attachment had been issued against the property of Westervelt, as a non-resident, September 11th, 1861, and about the same time levied on the partnership property of Westervelt and Camp. Execution was issued immediately upon the recovery of the judgment.
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Appeal from an order. Judgment was recovered in this action by Joseph Abels against Isaac H. Westervelt and Henry Camp, on the 9th October, 1861, for $947.11. An attachment had been issued against the property of Westervelt, as a non-resident, September 11th, 1861, and about the same time levied on the partnership property of Westervelt and Camp. Execution was issued immediately upon the recovery of the judgment. On the 1st October, 1861, one Russell W. Westcott obtained judgment for $500.44 against Westervelt and Camp, in the Marine Court of' the city of Hew York, Camp alone being served,…
1Opinion of the Court
By the Court.—Rosekrans, J.
The order of the special term should be affirmed.
Westeott obtained a judgment in the Marine Court against the defendants upon a debt which they owed as partners. A transcript of this judgment was filed on the first day of October,. 1860, in the office of the clerk of the city and county of Rew York, and an execution issued on the same day to the sheriff of that county, who levied upon the partnership property of defendants and sold it, and realized the fund which is the subject of this motion. The plaintiff in this action obtained his judgment several days after…
2Cases cited2 opinions
- In re SmithNew York Supreme Court · 1819
- Stoutenburgh v. Vandenburgh & StoutenburghNew York Supreme Court · 1852
3Cited by6 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Jaffray v. SaussmanNew York Supreme Court · 1889
- Flanders v. BattenNew York Supreme Court · 1889
- Barry v. FisherNew York Supreme Court · 1870
- Heilner v. WalshThe Superior Court of New York City · 1881
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