Legal Opinion

In re Mehr

New York Supreme Court

Decided March 12, 1959PublishedCited by 1 opinion

1Opinion of the CourtThomas A. Aurelio, J.

Motion to vacate and set aside the purported adjourned notice of the City Marshal’s sale in the execution, and to declare the purported judicial lien obtained in the said execution to be ineffective as against petitioner, an assignee in the matter of the general assignment for the benefit of creditors.

The facts are clear. The judgment creditors had secured a judgment by default and issued an execution on the judgment to a City Marshal on January 14, 1959. On January 15, 1959 the Marshal went to the judgment debtor and posted his levy. He also posted notices to sell judgment debtor’s • assets…

2Cases cited5 opinions

  1. Wehle v. . ConnerNew York Court of Appeals · 1880
  2. Chase Watch Corp. v. HeinsNew York Court of Appeals · 1940
  3. Mumper v. . RushmoreNew York Court of Appeals · 1879
  4. Perkins v. ProudNew York Supreme Court · 1862
  5. American Laundry Machinery Co. v. SimonAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by1 opinion

  1. In re the General Assignment for the Benefit of Creditors of Betty Barton Frozen Food Corp.New York Supreme Court · 1962

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