Ryan v. Wagner
Appellate Division of the Supreme Court of the State of New York
Appeal by the judgment creditor, Daniel Ryan, from an order of the Supreme Court, made at the Engs County Special Term and entered in the office of the clerk of the county of Engs on the 27th day of October, 1910, denying his motion for the appointment of a receiver in proceedings supplementary to execution.
1Opinion of the Court
Rich, J. :
The rights of the parties depend upon the determination of the question whether the judgment debtor has a vested estate or present interest in the estate of his deceased father. We think it unwise, however, to decide that question in this proceeding, as the order must be reversed upon another ground.
The learned justice at Special Term based the denial of the motion upon the sole ground that there was no proof that the judgment debtor had any property, and hence the appointment of a receiver would serve no purpose. We think the court was in error, for the reason that upon such an…
2Cases cited1 opinion
- Dease v. ReeseNew York Supreme Court · 1903
3Cited by1 opinion
- Court Square Building, Inc. v. FrankelAppellate Terms of the Supreme Court of New York · 1934