First National Bank v. Gow
Appellate Division of the Supreme Court of the State of New York
Appeal by the First National Bank of the City of New York, .judgment creditor, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5tli day of May, 1910, vacating an order for the examination of Artemas Ward as a third party, made pursuant to section 2441 of the Code of Civil Procedure.
1Opinion of the Court
Laughlin, J.:
The papers on which the order for the examination of Ward was made were sufficient to entitle the judgment creditor to the order, which was duly made on an ex parte application. The moving papers on the application to vacate the order show that Ward denies that he has any property of the judgment debtor, and that the theory upon which it is claimed by the judgment creditor that he has such property is that he and the judgment debtor were formerly copartners in business, and that on the 24th day of October, 1907, the judgment debtor formally consented in writing to a dissolution…
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