Kennedy v. Carrick
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an affirmance by the General Term of the City Court of an order vacating an order in supplementary proceedings, permitting a third party, Alexander Wiley, to pay to the sheriff, on the plaintiff’s execution, the sum of $201.85, the amount of his indebtedness to the defendant, Robert A. Carrick, upon a judgment recovered by Carrick against him, and directing the plaintiff to repay to one Oswald N. Jacoby, as assignee of the said judgment, the sum…
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Appeal by the plaintiff from an affirmance by the General Term of the City Court of an order vacating an order in supplementary proceedings, permitting a third party, Alexander Wiley, to pay to the sheriff, on the plaintiff’s execution, the sum of $201.85, the amount of his indebtedness to the defendant, Robert A. Carrick, upon a judgment recovered by Carrick against him, and directing the plaintiff to repay to one Oswald N. Jacoby, as assignee of the said judgment, the sum of $191.78 received by the plaintiff from the sheriff.
1Opinion of the CourtDaly, P. J.
The City Court made an order in supplementary proceedings against Wiley,' a third party, who was indebted to the judgment debtor, Carrick, in the amount of a judgment which the latter had obtained against him, by which order Wiley was permitted to pay the amount to the sheriff to be credited upon the execution issued by the plaintiff, the judgment creditor in this action. Payment was made by Wiley accordingly, and the sheriff turned over to the plaintiff $191.78 out of it.
Subsequent to such payment, Mr. Jacoby, an attorney and counsellor at law, applied to the court to vacate the order and to…
2Cases cited2 opinions
- Lynch v. . JohnsonNew York Court of Appeals · 1871
- Dienst v. McCaffreyNew York Court of Common Pleas · 1895
3Cited by5 opinions
- Morey v. SchusterAppellate Division of the Supreme Court of the State of New York · 1913
- Goodwin Film & Camera Co. v. Eastman Kodak Co.District Court, W.D. New York · 1914
- In re Dailey, Bell & CraneAppellate Division of the Supreme Court of the State of New York · 1901
- In re DaileyAppellate Division of the Supreme Court of the State of New York · 1901
- Meacham v. Ballard Co. Inc.Supreme Court of Minnesota · 1931