Schneider v. Altman
City of New York Municipal Court
Appeal from an order made in proceedings supplementary to execution against judgment debtors. The proceedings were instituted by Peter Schneider and others against Ignatz Altman and another as judgment debtors. In the course of the examination of Altman, it appeared by his testimony that the defendants had made a general assignment for benefit of creditors shortly before the judgment was recovered.
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Appeal from an order made in proceedings supplementary to execution against judgment debtors. The proceedings were instituted by Peter Schneider and others against Ignatz Altman and another as judgment debtors. In the course of the examination of Altman, it appeared by his testimony that the defendants had made a general assignment for benefit of creditors shortly before the judgment was recovered. Defendant’s counsel objected to a question thereafter asked, as to the claim of a certain creditor of the defendants at the time of the assignment. The objection was sustained, and an exception…
1Opinion of the CourtHawes, J.
It appears from the record that the defendant, a judgment debtor, was under examination in proceedings supplementary to execution, and that while being examined the fact was disclosed that he had made a general assignment to one Charles Cass, for the benefit of his creditors. Upon such disclosure the defendant’s counsel objected to any and all questions “ relating back prior to the filing of the assignment.” The objection was sustained, the court, holding that “ the examination must be limited to property acquired since the assignment,” to which an exception was taken, and this ruling and…
2Cases cited2 opinions
- Lathrop v. . ClappNew York Court of Appeals · 1869
- In re the Assignment of EveritNew York Court of Common Pleas · 1881