Columbia Bank v. Ingersoll
New York Supreme Court
At chambers. On motion to vacate an order. Motion by the Rhode Island National Bank to vacate an order made in supplementary proceedings in aid of an execution issued upon a judgment obtained by the Columbia Bank against Lorin Ingersoll. The Rhode Island National Bank, a judgment creditor of Ingersoll, in supplementary proceedings, procured the appointment of a receiver of the judgment debtor’s property.
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At chambers. On motion to vacate an order. Motion by the Rhode Island National Bank to vacate an order made in supplementary proceedings in aid of an execution issued upon a judgment obtained by the Columbia Bank against Lorin Ingersoll. The Rhode Island National Bank, a judgment creditor of Ingersoll, in supplementary proceedings, procured the appointment of a receiver of the judgment debtor’s property. The order appointing the receiver was made April 24,1888. Prior to this time the Columbia Bank, in an action against Ingersoll, had obtained an attachment against his property, and the…
1Opinion of the CourtVan Brunt, P. J.
There is no doubt but that the order under which Watson, Karsch & Co. paid over the money in question to the sheriff was irregular. There seems to have been a studious suppression of the fact that a receiver of the judgment debtor had been appointed, and that the judgment debtor had therefore no power to consent to the entry of the order under which said payment was made. There is, however, another question presented, and that is as to the lien upon these moneys acquired by the attaciiment. No lien upon rents is acquired by the filing of a Us pendens against the real estate. All that could be…
2Cases cited2 opinions
- Anthony v. . WoodNew York Court of Appeals · 1884
- Bills v. . National Park Bank of N.Y.New York Court of Appeals · 1882