Legal Opinion

Clarke v. Goodridge

New York Court of Appeals

Decided September 15, 1869PublishedCited by 3 opinions

The cases of Clarke agt. Goodridge (41 N. Y., 210), and of Drake et al. agt. Goodridge (54 Barb., 78) are so imperfectly and incorrectly reported, that much misunderstanding has been caused and great difficulty experienced in determining what was actually decided in those cases. The reporter in 54 Barb., 78, states that they were “motions to vacate attachments,” which is entirely incorrect.

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The cases of Clarke agt. Goodridge (41 N. Y., 210), and of Drake et al. agt. Goodridge (54 Barb., 78) are so imperfectly and incorrectly reported, that much misunderstanding has been caused and great difficulty experienced in determining what was actually decided in those cases. The reporter in 54 Barb., 78, states that they were “motions to vacate attachments,” which is entirely incorrect. An examination of the papers used in the court of appeals shows that two motions, involving substantially the same question, were argued together. The first was a motion made by Drake & Co., under § 294 of…

1Opinion of the CourtGrover, J.

It appears from the motion papers read at special term, that John D. Taylor, one of the appellants, was duly appointed receiver of the property of Francis Goodridge, in proceedings supplemental to execution in the case of Clarke agt. Goodridge, survivor, and that the order appointing him was duly filed and recorded, February 14th, 1868. This vested in the receiver the right to all the personal effects of the judgment debtor, including debts owing to him at that time (Code, sec. 298). This gave the receiver the right to the money collected by the sheriff of Henry F. Verhoven & Co. upon a. debt…

2Cases cited7 opinions

  1. Pitt v. . DavisonNew York Court of Appeals · 1867
  2. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  3. Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
  4. Kuhlman v. OrserThe Superior Court of New York City · 1856
  5. Kirby v. . FitzpatrickNew York Court of Appeals · 1859

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Whitfield v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1890
  2. Wolf v. ButtnerNew York Court of Common Pleas · 1893
  3. O'Brien v. Mechanics'The Superior Court of New York City · 1873

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